§ 2135. Unfair and Predatory Pricing.
14 CA ADC § 2135Barclays Official California Code of Regulations
14 CCR § 2135
§ 2135. Unfair and Predatory Pricing.
(3) Upon notification by the Division that a complaint is incomplete pursuant to paragraph (c)(1) above, the complainant shall have ten calendar days in which to provide the information needed to complete the complaint. Any complaint that remains incomplete for more than ten calendar days after the complainant has been notified shall be rejected by the Division and may not be resubmitted by the complainant.
(A) No later than five days after being notified of the Division's audit, each recycling center subject to the audit shall provide the Division with the records necessary to complete the audit. The necessary records include, but are not limited to, receipts, logs, and daily summaries. The records may be submitted to the Division via mail or facsimile, or made available to Division staff conducting a field visit to the recycling center.
(3) For purposes of this section, “average scrap value paid” is the per-pound average paid by all specified recycling centers over the three-day period in question, for the material or materials listed in the complaint, exclusive of the refund value. This is calculated by dividing the total amount paid for all audited transactions ($sum) less the total refund value paid for all audited transactions (CRV sum) by the total weight purchased for all audited transactions (#sum) as follows:
$sum - CRV sum | = average scrap value paid | ||
# sum |
(1) If the Director/designee determines that such probable cause exists, the Department shall convene an informal hearing pursuant to subsection (c) of Section 14588.2. The informal hearing shall be conducted pursuant to Chapter 4.5 (commencing with Section 11445.10) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) If the Director/designee determines that probable cause does not exist, the Division shall notify both the complainant and the respondent of this finding and the complaint shall be dismissed pursuant to paragraph (c)(5)(A) of Section 14588.2 of the Act. The Division shall also resume payment of handling fees to the respondent, including payment of handling fees withheld pending resolution of the pending complaint, if the respondent is otherwise eligible to receive those handling fees.
Credits
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14588, 14588.1, 14588.2, 14591.1 and 14591.2, Public Resources Code.
History
1. New section filed 3-9-2000 as an emergency; operative 3-9-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-7-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-3-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-6-2000 order transmitted to OAL 8-4-2000 and filed 9-8-2000 (Register 2000, No. 36).
4. Amendment of section and Note filed 2-22-2002 as an emergency pursuant to Public Resources Code section 14536(b); operative 2-22-2002 (Register 2002, No. 8). Pursuant to Public Resources Code section 14536(b)(2) the emergency amendments remain in effect until revised by the director of the Department of Conservation.
5. Amendment of section and Note refiled 6-19-2002 as an emergency pursuant to Public Resources Code section 14536(b); operative 6-21-2002 (Register 2002, No. 25). Pursuant to Public Resources Code section 14536(b)(2) the emergency amendments remain in effect until revised by the director of the Department of Conservation.
6. Certificate of Compliance as to 6-19-2002 order, including further amendment of subsection (f)(2), transmitted to OAL 8-28-2002 and filed 10-8-2002 (Register 2002, No. 41).
7. Editorial correction of subsections (a)(3)(B) and (c)(2) (Register 2004, No. 20).
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 14, § 2135, 14 CA ADC § 2135
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