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1REGULATORY AGENCY ACTION

except discharges or releases which are have rights to it even though their land groundwater basin, which provides ap- exclusively governed by federal ; cer- does not adjoin the stream. Generally, proximately 50% of the water supply for tain discharges or releases by public riparian rights are superior but appro- the 1.5 million residents in the area. The water systems; discharges or releases or priators still have a chance for priority complexity and extent of groundwater surface runoff from a watershed; and when water is put to "reasonable and contamination requires all four agencies releases of stormwater runoff. beneficial" use. to participate. SB 921 (Rosenthal) would have re- In an opinion by Justice Kaufman, Although the EPA funding of this quired motor vehicle fuel storage tanks the court held that the federal govern- program has accelerated the ground- to meet specified requirements concern- ment does have riparian rights. Federal water investigation and clean-up (at the ing the containment and transportation riparian rights may, however, be limited November meeting, the Board was in- of methanol fuel, depending upon the in that the WRCB may decide when a formed that 12 of 16 task sites identified date of the tank's installation and the riparian water claim loses its priority in the original workplan were com- capacity and location of the tank. The because it has not been exercised. "Thus pleted), the Board commented on the bill would have prohibited a local agency the must apply to the EPA's uncooperative spirit. The state from issuing a permit for the operation Board whenever it proposes to exercise and regional boards were placed in a of a motor vehicle fuel storage tank its riparian right, so that the Board may difficult position when the Inspector which does not meet the specified re- evaluate the proposed use in the context General of the EPA was critical of the quirements. WRCB would have been of other uses and determine whether the program in a final audit report (No. authorized to adopt regulations to imple- riparian use should be permitted in light E5eH6-09-0226-71928) released in Sep- ment this provision. The bill was vetoed of the state's interest in promoting the tember 1987. This audit concluded that by the Governor. most efficient and beneficial use of the the WRCB, the Regional Board, and SB 1335 (McCorquodale) would state's waters." SCVWD had delayed contaminated allow the Department of Fish and Game According to Assistant State Attor- groundwater clean-up. The WRCB and the WRCB to enter and inspect ney General Roderick Walston, this adopted this audit conclusion in the timber lands during harvesting. The bill decision could have a destabilizing effect current policy statement of the MSCA is in the Assembly, pending before the on California water rights law since it clarifying program objectives and short- Natural Resources Committee. No date opens the door for the federal govern- comings. While recognizing the com- has been set for a hearing. ment to claim riparian rights which may munity relations and educational benefits LITIGATION: be paramount to rights being used by of the MSCA, the WRCB stated that if In In Re Water of Hallett Creek private appropriators. the program is not in effect by the June Stream System, No. SF 25133 (Feb. 18, RECENT MEETINGS: 1 deadline, the Board will remove the 1988), the California Supreme Court At its January 21 meeting, the Board program from its project fist. held that the federal government has approved a resolution extending a multi- The Board accepted additional EPA riparian rights on federal lands reserved site cooperative agreement (MSCA) dead- funds of $700,000 to continue work on for national forest purposes, and that line from January 1988 to June 1988. the program until June 1988, with the these rights are no more defeasible than The deadline requires that by June 1988, added stipulation of a two-month and the riparian rights of other California a community development project in six-month Board review to consider the landowners. Santa Clara County must be function- effectiveness and continued desirability The dispute focused on control of ing to the satisfaction of the Board or of the program. Hallett Creek, a system of streams in the project will be terminated. Originally Lassen County which flow from Honey approved in May 1985 (Resolution No. FUTURE MEETINGS: Lake into the Plumas National Forest 85-35), this South Bay MSCA between Workshop meetings are generally held north of Lake Tahoe. The United States the WRCB, the Santa Clara Regional the first Wednesday and Thursday of claimed a "reserved" under Board (Regional Board), the Santa Clara the month. For exact times and meeting federal law for "primary" forest pur- Valley Water District (SCVWD), and locations, contact Maureen Marche at poses, such as firefighting. That right the EPA is critical to the Santa Clara (916) 445-5240. was not seriously disputed and the Water Resources Control Board authorized the U.S. Forest Service to use up to 95,000 gallons of water per year for firefighting. I"6 INDEPENDENTS The federal government also claimed riparian rights for "secondary" forest purposes such as "wildlife enhancement." The Forest Service asked to draw 1,500 gallons per day to supply water ponds for wildlife, but the WRCB rejected that AUCTIONEER COMMISSION The Act was designed to protect the request on grounds that the federal gov- Executive Officer: Karen Wyant public from various forms of deceptive ernment does not have riparian rights. (916) 324-5894 and fraudulent sales practices by estab- California recognizes both riparian lishing minimal requirements for the li- rights, under which owners of land ad- The Auctioneer and Auction Licens- censure of auctioneers and auction busi- jacent to a stream have rights to divert ing Act was enacted in 1982 (AB 1257, nesses and prohibiting certain types of and use the water, and appropriative Chapter 1499, Statutes of 1982) and conduct. rights, under which those who have first established the California Auctioneer The Auctioneer and Auction Licens- diverted and used the water continue to Commission to regulate auctioneers and ing Act provided for the appointment of auction in California. a seven-member Board of Governors,

The California Regulatory Law Reporter Vol 8, No. 2 (Spring 1988) I REGULATORY AGENCY ACTION

composed of four public members and period, 90 complaints were resolved or licensing requirements than auctioneers three auctioneers, to enforce the pro- closed. At the beginning of the reporting who handle consignor monies...." Agree- visions of the act and to administer the period, 63 complaints were pending, but 64%; Disagree-36%. activities of the Auctioneer Commission. by the end of November 1987, only 36 Many of those who agreed with the Members of the Board are appointed by remained. Of those 36, 19 concerned last question felt that bid callers should the Governor for four-year terms. Each auctioneers or auctioneer companies be bonded for a lesser amount or not at member must be at least 21 years old who failed to pay consignors. Over all, because they are not responsible for and a California resident for at least five $32,000 has been recovered for consum- consignors' monies, although most felt years prior to appointment. In addition, ers; $1,650 in fines has also been collected. they should meet the same licensing the three industry members must have a Future Exam Dates and Opportuni- requirements. Executive Officer Wyant minimum of five years' experience in ties for Licensing. Auctioneer licensing noted that any such change would re- auctioneering and.be of recognized stand- examinations were held on January 21 quire legislation. During the December ing in the trade. and March 23. The next scheduled 14 meeting, Board members noted the The Act provides assistance to the is May 25 in Los Angeles. Exams are survey indicates that only a very small Board of Governors in the form of a also given every Tuesday in the Com- number of auctioneers never take con- council of advisers appointed by the mission office by appointment. Appli- signments (7%), which does not justify a Board for one-year terms. In September cants may contact the Auctioneer complete change in the licensing structure. 1987, the Board disbanded the council Commission office for application pack- Definitions Survey Results. The of advisers and replaced it with a new ets and information, including ten of the Commission's attempt to establish stand- Advisory Council (see CRLR Vol. 7, most commonly missed exam questions ard definitions for commonly-used indus- No. 4 (Fall 1987) p. 99 for background and answers. try terms is now complete. (See CRLR information). June 30 Renewal Deadline. Vol. 7, No. 4 (Fall 1987) p. 100; Vol. 7, All auctioneer and auction company li- No. 1 (Winter 1987) p. 89; and Vol. 6, MAJOR PROJECTS: censes must be renewed by June 30, No. 4 (Fall 1986) p. 85 for background New ProposedLanguage for Section 1988, regardless of the date of the issu- information.) A total of 152 completed 3527. Last December, the Office of ance. The fee will be the same as in surveys were returned, and 73 (or 48%) Administrative Law (OAL) disapproved 1986: $265 for auctioneers and $275 for of those responding agreed with all of the Commission's proposed section 3527, auction companies. A late fee of $50 the definitions without comment. chapter 35, Title 16 of the California will be assessed. Auctioneers will be -"Reserve" means that the owner of Code of Regulations, which would have required to return their pocket identifi- the goods being sold has reserved the required specific disclosures on con- cation cards so the new expiration date right to bid on one or more of the items signor . (See CRLR Vol. 8, can be imprinted on the card. to be sold, either in person or through No. I (Winter 1988) p. 99 and Vol. 7, Bid Caller Survey Results. As a result an agent. "No Reserve" means that the No. 4 (Fall 1987) p. 99 for background of the Board of Governors' September owner of the goods being sold has not information.) On January 29, the Board 28, 1987 meeting, the Commission con- reserved the right to so bid and will not of Governors met in Costa Mesa to ducted a survey of bid callers. A total of knowingly be allowed to bid by the reconsider the issue. The Board modi- 149 surveys were completed regarding licensee. (68% agreed with no comment.) fied the proposed language to require the licensing and bonding of bid callers. -"Minimum" means that certain or express notice of the $10,000 bonding A bid caller is a licensed, bonded auction- all goods to be sold will have a minimum limit in contracts between auctioneers eer employed by a licensed auction com- opening bid requirement or reserve as a or auction companies and consumers/ pany. Many bid callers have questioned condition of putting the item up for consignors. The Board decided that the the need for bonding. Executive Officer sale. "No minimum" means that no min- current disclosure is misleading to the Karen Wyant pointed out that "if bid imum starting price or reserve will be public, and that the language of the callers were deregulated completely there placed on an item before or during the disapproved regulation did not adequate- would be no enforcement problem. They sale of that item. (68% agreed with no ly inform the public of the limited bond- would not possess a license which could comment.) ing protection. The amended language be.. .presented to a consignor with the -"Subject to Confirmation" means requires that contracts between an auction- representation that he or she was bonded that the bid of the highest bidder on an eer or auction company and the owner to take consignments." According to item may be either confirmed (accepted) or consignor of goods include a notice Wyant, "the auction company would be or rejected by the owner of the item that the auctioneer "is licensed and responsible for violations committed by during or after the auction sale. (79% regulated by the California Auctioneer the auctioneer" without licensing the bid agreed with no comment.) Commission...and is bonded to the Com- caller. -"Absolute Auction," "No Limit," mission in the amount of $10,000 for all The following is a statistical descrip- "Sold to the Highest Bidder," and simi- occurrences." tion of the survey responses: lar terms which indicate that items are The Commission reopened the com- -"I am always employed as a bid to be sold without restriction, mean that ment period on the revised language caller by an auction company or another none of the items to be sold will be sold until February 29. licensed auctioneer and do not handle subject to a "reserve," "minimum," or Complaint, Fine, and Disciplinary consignor monies." Yes-33%; No--67%. "subject to confirmation." (85% agreed Action Report. On November 30, the -"I take consignments and handle with no comment.) Commission released its recent enforce- consignor monies .... " Always-29%; ment statistics. During the reporting Usually-26%; Occasionally-13%; Rare- LEGISLATION: period of July through November 1987, ly-24%; Never-7%. SB 84 (Boatwright) was not heard 65 new complaints were filed by con- -"I believe that bid callers should by the Senate and sumers. During the same four-month have to meet less strict bonding and Committee prior to the required deadline

The California Regulatory Law Reporter Vol 8, No. 2 (Spring 1988) REGULATORY AGENCY ACTION

and is thus dead for this session. The investigators, case control, the dis- consisting of Dr. Jackie Bartels and bill would have dissolved the Commis- advantages of hiring one or two direct Patricia Quibell to review examination sion and, in its most recent amended employees, the need for a broad geo- appeals. version, transferred the authority to graphic distribution of people to minim- assess fines and take disciplinary action ize travel and per diem costs, the FUTURE MEETINGS: against auctioneers to the Department difficulty in assuring the quality of To be announced. of Consumer Affairs. (See CRLR Vol. private contractors, and the inability of 8, No. 1 (Winter 1988) p. 99; Vol. 7, No. private contractors to compel the pro- 4 (Fall 1987) pp. 99-100; Vol. 7, No. 3 duction of records. A subcommittee of (Summer 1987) p. 124; Vol. 7, No. 2 Board members Vance VanTassell and (Spring 1987) p. 98; and Vol. 7, No. 1 Georgetta Banks was appointed to lend CALIFORNIA ENERGY (Winter 1987) p. 90 for background in- assistance to Executive Officer Wyant COMMISSION formation.) as needed in developing the best plan. Executive Director: Stephen Rhoads During the Board's January 29 meet- Chairperson:Charles R. Imbrecht RECENT MEETINGS: ing in Costa Mesa, Wyant presented a (916) 324-3008 In November 1987, the Commission statistical profile on complaints received released its workload statistics for July in the last two years, which showed that In 1974, the legislature created the through November 1987. During the re- over 99% originated in either the Sacra- State Energy Resources Conservation porting period, over $32,000 in revenue mento/San Francisco area or the Los and Development Commission, better from the new applications was collected. Angeles basin. known as the California Energy Com- A total of 202 applications were filed; Board President Hall announced the mission (CEC). The Commission's major 62 exams were administered, with 51 of Board member Judy regulatory function is the siting of applicants passing for an overall 82% Johnson, effective February 1. She has power plants. It is also generally charged with assessing trends in energy consump- pass rate during the period. Eighty-one accepted an appointment by Governor new were issued while 26 tempor- Deukmejian to the San Diego Regional tion and energy resources available to ary permits were issued. For 1986 Water Quality Control Board. the state; reducing wasteful, unnecessary through the current 1988 reporting uses of energy; conducting research and period, FUTURE MEETINGS: development of alternative energy sourc- 1014 licenses were renewed. To be Through November 1987, there were announced. es; and developing contingency plans to 1,190 valid licenses; 974 of those are deal with possible fuel or electrical auctioneers, and 216 (150 corporations, energy shortages. 27 partnerships, 39 individuals) are The Governor appoints the five mem- auction companies. BOARD OF CHIROPRACTIC bers of the Commission to five-year At the Board's December 14 meeting EXAMINERS terms, and every two years selects a in Sacramento, Howard "Gus" Hall was Executive Director:Edward Hoefling chairperson from among the members. Commissioners represent the fields of reelected as Board President; Vance (916) 445-3244 VanTassell was elected Vice-President; or physical science, adminis- and Judy Johnson was elected Secretary. In 1922, California voters approved trative law, environmental protection, Also at the December 14 meeting, an initiative which created the Board economics, and the public at large. The S.M. "Sandy" Hochman recommended of Chiropractic Examiners. The Board Governor also appoints a Public Adviser, that temporary permits no longer be licenses chiropractors and enforces pro- whose is to ensure that the general issued. Executive Officer Wyant noted fessional standards. It also approves public and other interested groups are that a temporary permit may be issued chiropractic schools, colleges, and con- adequately represented at all Commis- once an applicant has submitted all fees tinuing courses. sion proceedings. and documents, including the surety The Board consists of seven mem- The five divisions within the Energy bond, provided he/she has applied to bers, including five chiropractors and Commission are: (1) Conservation; (2) take the exam within 45 days. Wyant two public members. Development, which studies alternative agreed that it may not be rational to Dr. Lee Kauffman, whose term on energy sources including geothermal, allow people to operate before they have the Board has expired, was recently re- wind and solar energy; (3) Assessment, taken the exam, but no complaints have placed by Louis E. Newman, DC, of responsible for forecasting the state's been received against temporary permit Santee. Dr. Newman was appointed to energy needs; (4) Siting and Environ- holders. No action was taken on the the Board by Governor Deukmejian. mental, which does evaluative work in issue. connection with the siting of power RECENT MEETINGS: plants; and (5) Administrative Services. The Board also discussed the use of At its February 18 meeting, the Board The CEC publishes Energy Watch, a state investigators as opposed to hiring discussed the results of the November or contracting with private investigators. 1987 licensure summary of energy production and use examination. Of 228 indi- trends in California. The publication (See CRLR Vol. 7, No. 4 (Fall 1987) p. viduals who took the examination for provides the latest available information 99 for background information.) Execu- the first time, 149 passed (65.3% pass about the state's energy picture. Energy tive Officer Wyant advised the Board rate). Of 164 people retaking the exam, Watch, published every two months, is that the Department of Finance has 136 passed (92.9% pass rate). There were approved the Commission's requested available from the CEC, MS-22, 1516 17 people in the multiple retake cate- Ninth Street, Sacramento, CA 95814. $47,000 budget augmentation, but it is gory, and 9 passed the exam (52.9% still subject to approval by the legisla- pass rate). Overall, 409 candidates took MAJOR PROJECTS: ture and the Governor. The Board noted the exam, with 294 passing (71.88% pass Santa Maria Aggregate Project. the need for continual training of state rate). The Board appointed a committee Santa Maria Aggregate Corporation filed

The California Regulatory Law Reporter Vol 8, No. 2 (Spring 1988)