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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) In the board's hearing on the appeal, the evidence before the board shall consist of the record before the hearing panel or hearing officer, relevant facts as to any actions or inactions not subject to review by a hearing panel or hearing officer, the record before the local enforcement agency, written and oral arguments submitted by the parties, and any other relevant evidence that, in the judgment of the board, should be considered to effectuate and implement the policies of this division.
(b) The board may only overturn an enforcement action, and any administrative civil penalty, by a local enforcement agency if it finds, based on substantial evidence, that the action was inconsistent with this division. If the board overturns the decision of the local enforcement agency, the hearing panel, or the hearing officer, or finds that the enforcement agency has failed to act as required, the board may do both of the following:
(1) Direct that the appropriate action be taken by the local enforcement agency.
(2) If the local enforcement agency fails to act by the date specified by the board, take the appropriate action itself.
Cite this article: FindLaw.com - California Code, Public Resources Code - PRC § 45032 - last updated January 01, 2025 | https://codes.findlaw.com/ca/public-resources-code/prc-sect-45032/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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