Current through Register 2024 Notice Reg. No. 38, September 20, 2024
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.
1. New
section filed 2-8-2016; operative 4-1-2016 (Register 2016, No.
7).
Note: Authority cited: Sections 39600, 39601 and 43013,
Health and Safety Code. Reference: Section 43013, Health and Safety
Code.
