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§ 4255. Request for Reconsideration.

19 CA ADC § 4255BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 19. Public Safety
Division 4. California Underground Facilities Safe Excavation Board
Chapter 3. Enforcement
Article 2. Enforcement of Violations
19 CCR § 4255
§ 4255. Request for Reconsideration.
(a) Respondent may request the Board to reconsider the Board's decision or recommendation issued pursuant to section 4252, subdivision (a)(2), or 4253. The request for reconsideration must be in writing and received by the Board within 30 days of the Board's decision or recommendation.
(1) The Board will not consider information or other records previously submitted to or received by the Board prior to the Board's decision or recommendation issued pursuant to section 4252, subdivision (a)(2), or 4253. The basis of the request for reconsideration must be that there is relevant new evidence which, in the exercise of reasonable diligence, could not have been presented at the time of the respondent's response or informal hearing on the matter.
(2) The Board may grant or deny, in whole or in part, a request for reconsideration without further proceedings. The Board shall issue a decision at a public meeting within 60 business days of the Board's receipt of respondent's request for reconsideration, or at the next public meeting where a quorum of the Board is present. At that public meeting or thereafter, within 45 business days or at the next public meeting where a quorum of the Board is present, the Board shall adopt a written decision on respondent's request for reconsideration. The Board's decision on the request for reconsideration is effective upon the adoption of the written decision.
(3) The Board shall notify respondent in writing of the date, time, and location of any public meeting held under this subdivision at least 20 business days before the public meeting. The Board shall also notify respondent in writing of the Board's decision on the request for reconsideration within 2 business days of the Board's decision.
(4) The filing of a request for reconsideration stays the payment of any assessed penalty, but does not stay any order for corrective action unless specified otherwise by the Board in the Board's written decision under section 4252, subdivision (a)(2), or 4253.
(b) Respondent may request the Board to reconsider the Board's decision issued pursuant to section 4254. The request for reconsideration must be in writing and received by the Board within 5 days of the date of the Board's decision, and shall be administered in accordance with Government Code section 11521 and California Code of Regulations, title 1, section 1050.
(1) The Board shall notify respondent in writing of the date, time, and location of any public meeting held under this subdivision at least 10 days before the public meeting. The Board shall also notify respondent in writing of the Board's decision on the request for reconsideration within 2 business days of the Board's decision.
Note: Authority cited: Section 4216.22, Government Code. Reference: Sections 4216.6, 4216.12 and 4216.19, Government Code.
HISTORY
1. New section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
This database is current through 11/13/20 Register 2020, No. 46
19 CCR § 4255, 19 CA ADC § 4255
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