RULES & REGULATIONS REVIEW COMMITTEE
2.	CONSIDER ADMINISTRATIVE COMPLIANCE AND CEASE & DESIST ORDER GUIDELINES.
Meeting Date:		July 1, 2008	Budgeted:	No
From:		David C. Laredo,	Program/	N/A
		General Counsel	Line Item No.:
Prepared By:		David C. Laredo	Cost Estimate:	N/A
General Counsel Approval: Yes
CEQA Compliance: This item is not a project under CEQA.

SUMMARY: The Rules & Regulations Review Committee is asked to review and make a recommendation to the Board of Directors on draft Guidelines to implement the Administrative Compliance and Cease & Desist Order processes enacted by District Ordinance No. 133. District Rules 111 and 111.5 provide that these Guidelines are to be adopted or modified by Resolution of the Board.

RECOMMENDATION: District General Counsel presents the draft Guidelines for Committee review, and recommends that the Guidelines, as may be amended by the Committee, be referred for adoption by the Board.

BACKGROUND: The Monterey Peninsula Water Management District enacted a process, pursuant to Ordinance No. 133 by which the District can enforce its Rules & Regulations. That Ordinance enables use of Administrative Citations, Administrative Compliance Orders and Cease & Desist Orders to enforce District Rules & Regulations in accord with Government Code Section 53069.4. Administrative enforcement, as opposed to judicial enforcement, eases administration, allows more consistent compliance, reduce obstacles and time delays that result from criminal or civil enforcement. As a consequence, more uniform application of the Water Management District’s rules and procedures can be expected.

The attached draft Guidelines are intended for use by staff, hearing officers and the public. It is recommended that the adopted Guidelines be placed on the District website. These Guidelines provide an overview, and differentiate between the Citation, Administrative Compliance Order and Cease & Desist Order alternatives. The Guidelines provide a general overview of the processes required, and what action the recipient may take to correct each alleged violation.

Details are included regarding the hearing requirements, how hearings may be cancelled or continued, how the hearing officers are to be selected, how the hearing is to be conducted, and the standard of proof that applies. At the hearing, the burden of proof to establish a violation of a District Rule is by a preponderance of evidence.

The role of District General Counsel is clarified. He is to provide general advice and consultation to District staff, members of the public, the Hearing Officer and/or any Administrative Law Judge (ALJ), but is not to act as the District prosecutor or as defense counsel for any hearing. District General Counsel, or his deputy, is to represent the District in any court proceeding to review the administrative hearing.

The Guidelines specify details relating the decision, findings and order after the hearing, clarifies that the decision of the Hearing Officer is final, and details post-hearing processes, including the deadline by which judicial review may be sought. A Party may obtain review of the Administrative Order or Abatement Order in the Superior Court by filing with the court a petition for writ of mandate within ninety (90) days in accord Rule 16 of the District Rules & Regulations, which incorporates by reference section 1094.6 of the California Code of Civil Procedure.

EXHIBITS:

1-A Draft Administrative Hearing Guidelines

U:\General (NEW)\MPWMD - Main\Gen 2008\Compliance Guideline Cte Staff Note.doc

U:\staff\word\committees\RulesRegsReview\2008\20080701\02\item2.doc