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§ 2869. Appeals.

13 CA ADC § 2869Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 3. Air Resources Board
Chapter 15. Additional Off-Road Vehicles and Engines Pollution Control Requirements
Article 4. Evaporative Emissions Requirements for Spark-Ignition Marine Watercraft with Gasoline-Fueled Engines
13 CCR § 2869
§ 2869. Appeals.
Any person whose application for Executive Order of Certification or Component Executive Order of Certification has been denied or whose certification has been suspended or revoked may request a hearing to review the action. Any such request shall be made within 30 days of the date the action for which review is sought becomes final. The provisions of Cal. Code Regs., tit. 17, apply to these filings.
(a) Hearing Procedure. Except as provided for in subsection (b) below, any appeal pursuant to this section must be conducted in accordance with the Administrative Hearing Procedures for Petitions for Review of Executive Officer Decisions, commencing with Cal. Code Regs., tit. 17, § 60055.1.
(b) Review by Written Submission.
(1) In lieu of the hearing procedure set forth in (a) above, an evaporative system builder or component manufacturer may request that a review of the Executive Officer's decision be conducted by a hearing officer solely by written submission.
(2) An evaporative system builder or component manufacturer may request a review of the Executive Officer's decision to deny, suspend, or revoke a certification no later than 20 days from the date of issuance of the notice of the denial, suspension, or revocation. Such request must include, at a minimum, the following:
(A) Name of the evaporative system builder or component manufacturer, the name, address and telephone number of the person representing the evaporative system builder or component manufacturer; and
(B) A statement signed by a responsible representative of the evaporative system builder or component manufacturer warranting that the responsible representative has full authority to bind the evaporative system builder or component manufacturer as to all matters regarding the appeal; and
(C) Copy of the Executive Order of Certification or Component Executive Order of Certification granting certification and the written notification of denial; and
(D) A statement of facts and an explanation of the issues to be raised setting forth the basis for challenging the denial, suspension, or revocation (conclusory allegations will not suffice) together with all documents relevant to those issues; and
(E) The signature of the representative named in subsection (A).
(3) Upon receipt of a request for review, the request shall be referred to the ARB administrative hearing office for assignment of a hearing officer.
(4) Within 15 days of appointment of a hearing officer, ARB staff must submit a written response to the evaporative system builder's or component manufacturer's submission and, no later than 10 days after the receipt of the evaporative system builder or component manufacturer's submission, provide documents in support of the Executive Officer's action to deny, suspend, or revoke a certification.
(5) Within seven days of receipt of the ARB response, the evaporative system builder or component manufacturer may submit one rebuttal statement, which must be limited to the issues raised in the ARB rebuttal.
(6) If the evaporative system builder or component manufacturer submits a rebuttal, ARB staff may, within seven days of receipt of the evaporative system builder's or component manufacturer's rebuttal, submit one rebuttal statement which must be limited to the issues raised in the evaporative system builder's or component manufacturer's rebuttal.

Credits

Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 2-8-2016; operative 4-1-2016 (Register 2016, No. 7).
This database is current through 3/15/24 Register 2024, No. 11.
Cal. Admin. Code tit. 13, § 2869, 13 CA ADC § 2869
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