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§ 60075.17. Filing a Request for Hearing.

17 CA ADC § 60075.17Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 3. Air Resources
Chapter 1. Air Resources Board
Subchapter 1.25. Administrative Procedures--Hearings
Article 4. Administrative Hearing Procedures for Review of Citations
Subarticle 5. Initiating Proceeding to Contest a Citation
17 CCR § 60075.17
§ 60075.17. Filing a Request for Hearing.
Currentness
(a) Upon receiving a citation, the citee may:
(1) Initiate proceedings under these rules by filing a written request for hearing to contest a citation issued by the state board; or
(2) Pay the penalty demanded in the citation.
(b) A citee shall file a request for hearing to contest a citation with the executive officer.
(c) For citations arising under section 44011.6 of the Health and Safety Code, the request for hearing shall be filed within 45 days of the citee's receipt of the citation by personal delivery or certified mail.
(d) For all other citations issued by the state board, the request for hearing shall be filed within 30 days of the citee's receipt of the citation by personal delivery or certified mail.
(e) The executive officer may extend the applicable filing period set forth in subparagraphs (c) and (d) for good cause.
(f) If the citee fails to notify the executive officer of his or her intent to contest the citation within the applicable period set forth in subparagraphs (c) and (d), and if the citation penalty amount has not been paid in full, the citation becomes a final order not subject to review by any court or agency.
(g) The request for hearing shall be deemed filed on the date the notice indicating a desire to contest the issued citation is delivered or mailed to or, if the date of delivery or mailing is not known, received by the hearing office. No particular format is necessary to institute the proceeding; however, the request shall include all of the information specified in section 60075.18 of these rules.
(h) If the communication initiating the proceeding does not include the information required pursuant to section 60075.18, the executive officer shall immediately acknowledge receipt of the communication indicating the desire to request a hearing and shall notify the citee of the deficiencies in the submission which must be corrected before the request for hearing may be filed and docketed. The citee shall have 10 days from the date of mailing of the notice of deficiencies to submit a complete request for hearing; if the deficiencies are not corrected in the time provided the citation becomes final.
(i) Upon timely receipt of a complete request for hearing, the executive officer shall notify the citee or its representative that a request for hearing has been deemed complete and shall assign the case and forward copies of all relevant documents, including copies of the citation and request for hearing to:
(1) The Administrative Hearing Office of the state board if the citation has been issued pursuant to authority granted under Health and Safety Code sections 43028 and 44011.6.
(2) OAH if the citation has been issued pursuant to authority granted under Health and Safety Code sections 42410 and 43023.
(j) Upon a showing of good cause, the executive officer or the hearing officer assigned to the case may allow the citee to amend the request for hearing after the deadline for filing has passed.

Credits

Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code.
History
1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. Renumbering of former subarticle 3 to subarticle 5, repealer of former section 60075.17 and renumbering and amendment of former section 60075.10 to section 60075.17 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of section and Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).
4. Change without regulatory effect amending subsections (e)-(f) filed 8-29-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 35).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 17, § 60075.17, 17 CA ADC § 60075.17
End of Document