Under what condition can a person appeal a CAC decision related to administrative civil penalties?

The ability to appeal a California Air Resources Board (CAC) decision related to administrative civil penalties typically hinges on whether the individual was actively involved in the hearing process. A person who requested and appeared at the hearing has established their participation in the proceedings and thus can seek to appeal the decision if they believe there are grounds for doing so, such as errors in legal proceedings, misinterpretations of facts, or procedural issues.

Appearing at the hearing signifies that the individual had a chance to present their case, respond to arguments, and provide evidence. This engagement is crucial because it helps maintain the integrity of the administrative process, ensuring that all voices are heard and considered before a final decision is made. Therefore, being present at the hearing is a prerequisite for appealing, as it demonstrates that the individual was given an opportunity to contest the findings and decisions there.

In contrast, those who were not present at the hearing may lack the grounds to appeal on the basis of newly discovered evidence or procedural errors tied to their absence. Similarly, not receiving a written notice undermines the fairness of the process but does not provide the same legal grounding for appeal compared to active participation. Lastly, an attorney's approval for an appeal does not constitute a legitimate basis for appealing a CAC decision