§ 3867. Petitions for State Board Reconsideration.
23 CA ADC § 3867Barclays Official California Code of Regulations
23 CCR § 3867
§ 3867. Petitions for State Board Reconsideration.
(a)(1) An aggrieved person may petition the state board to reconsider an action or failure to act taken by the executive director, a regional board, or an executive officer under Articles 1 through 5 of this Chapter. The executive director may be designated by the state board to reconsider such an action or failure to act by an executive officer or regional board.
(2) A fee determination under subdivision (1) of subdivision (b) of section 3833 or section 3833.1, made by the state board or by an officer or employee of the board acting under delegated authority, is subject to reconsideration in accordance with chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code and the procedures set forth in Article 12 (commencing with section 768) of chapter 2 of division 3 of this title, and is not subject to the procedures set forth in this section. The petition also shall specify why the petitioner believes that no fee is due or how the petitioner believes that the amount of the fee has been miscalculated.
(b)(1) The state board and the executive director, when acting as the state board's designee, may undertake such reconsideration on their own motion. They shall notify the applicant (if any), the federal agency, and all interested persons known to the state board or executive director and give those notified the opportunity to submit information and comments before taking a final reconsideration action (as listed in Subsection 3869(a) of this Chapter).
(10) A summary of the manner in which and to what extent the petitioner participated in any process (e.g., public hearing testimony, discussion with agency personnel, correspondence), if available, leading to the action or failure to act in question. If a process for participation was available, but the applicant did not participate, the petition shall include an explanation for the petitioner's failure to participate.
Credits
Note: Authority cited: Sections 1058 and 13160.1, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 183, 186, 1059, 13160 and 13160.1, Water Code; and Sections 44533 and 44539, Health and Safety Code.
History
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
2. Amendment of subsections (a)-(b) and amendment of Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 13160.1 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 23, § 3867, 23 CA ADC § 3867
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