California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices
Article 5 - Portable Engine and Equipment Registration
Section 2464 - Appeals
Universal Citation: 13 CA Code of Regs 2464
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Hearing Procedures.
(1) Any applicant for
registration whose application has been denied or a holder of registration
whose registration has been suspended, or revoked may request a hearing to
review the action taken by sending a request in writing to the Executive
Officer. A request for hearing shall include, at a minimum, the following:
(A) name of applicant or holder of
registration;
(B) registration
number;
(C) copy of the Executive
Order revoking or suspending registration or the written notification of
denial;
(D) a concise statement of
the issues to be raised, with supporting facts, setting forth the basis for
challenging the denial, suspension, or revocation (mere conclusory allegations
will not suffice);
(E) a brief
summary of evidence in support of the statement of facts required in (D) above;
and
(F) the signature of an
authorized person requesting the hearing.
(2) A request for a hearing shall be filed
within 20 days from the date of issuance of the notice of the denial,
suspension, or revocation.
(3) A
hearing requested pursuant to this section shall be heard by a qualified and
impartial hearing officer appointed by the Executive Officer. The hearing
officer may be an employee of the ARB, but may not be any employee who was
involved with the registration at issue. In a request for a hearing of a denial
of registration, after reviewing the request for a hearing and supporting
documentation provided under subdivision (1) above, the hearing officer shall
grant the request for a hearing if he or she finds that the request raises a
genuine and substantial question of law or fact.
(4) Except as provided in (3) above, the
hearing officer shall schedule and hold, as soon as practicable, a hearing at a
time and place determined by the hearing officer.
(5) Upon appointment, the hearing officer
shall establish a hearing file. The file shall consist of the following:
(A) the determination issued by the Executive
Officer which is the subject of the request for hearing;
(B) the request for hearing and the
supporting documents that are submitted with it;
(C) all documents relating to and relied upon
in making the determination to deny registration or to suspend or revoke
registration; and
(D)
correspondence and other documents material to the hearing.
(6) The hearing file shall be available for
inspection by the applicant at the office of the hearing officer.
(7) An applicant may appear in person or may
be represented by counsel or by any other duly-authorized
representative.
(8) The ARB may be
represented by staff or counsel familiar with the registration program and may
present rebuttal evidence.
(9)
Technical rules of evidence shall not apply to the hearing, except that
relevant evidence may be admitted and given probative effect only if it is the
kind of evidence upon which reasonable persons are accustomed to relying in the
conduct of serious affairs. No action shall be overturned based solely on
hearsay evidence, unless the hearsay evidence would be admissible in a court of
law under a legally recognized exception to the hearsay rule.
(10) The hearing shall be recorded either
electronically or by a certified shorthand reporter.
(11) The hearing officer shall consider the
totality of the circumstances of the denial, suspension, or revocation,
including but not limited to, credibility of witnesses, authenticity and
reliability of documents, and qualifications of experts. The hearing officer
may also consider relevant past conduct of the applicant including any prior
incidents involving other ARB programs.
(12) The hearing officer's written decision
shall set forth findings of fact and conclusions of law as necessary.
(13) Within 30 days of the conclusion of a
hearing, the hearing officer shall submit a written proposed decision,
including proposed finding as well as a copy of any material submitted by the
hearing participants as part of that hearing and relied on by the hearing
officer, to the Executive Officer. The hearing officer may recommend to the
Executive Officer any of the following:
(A)
uphold the denial, suspension, or revocation action as issued;
(B) reduce a revocation to a
suspension;
(C) increase a
suspension to a revocation if the registration holder's conduct so warrants;
or
(D) overturn a denial,
suspension, or revocation in its entirety.
(14) The Executive Officer shall render a
final written decision within 60 working days of the last day of hearing. The
Executive Officer may do any of the following:
(A) adopt the hearing officer's proposed
decision;
(B) modify the hearing
officer's proposed decision; or
(C)
render a decision without regard to the hearing officer's proposed
decision.
(b) Hearing conducted by written submission.
(1)
In lieu of the hearing procedure set forth in (a) above, an applicant may
request that the hearing be conducted solely by written submission.
(2) In such case the requestor must submit a
written explanation of the basis for the appeal and provide supporting
documents within 20 days of making the request. Subsequent to such a submission
the following shall transpire:
(A) ARB staff
shall submit a written response to the requestors submission and documents in
support of the Executive Officer's action no later than 10 days after receipt
of requestor's submission;
(B) The
registration holder may submit one rebuttal statement which may include
supporting information, as attachment(s), but limited to the issues previously
raised;
(C) If the registration
holder submits a rebuttal, ARB staff may submit one rebuttal statement which
may include supporting information, as attachment(s), but limited to the issues
previously raised; and
(D) the
hearing officer shall be designated in the same manner as set forth in (a)(3)
above. The hearing officer shall receive all statements and documents and
submit a proposed written decision and such other documents as described in
(a)13 above to the Executive Officer no later than 30 working days after the
final deadline for submission of papers. The Executive Officer's final decision
shall be mailed to the holder of registration no later than 60 days after the
final deadline for submission of papers.
(E) The Executive Officer shall render a
final written decision within 60 working days of the last day of hearing. The
Executive Officer may do any of the following:
(1) adopt the hearing officer's proposed
decision;
(2) modify the hearing
officer's proposed decision; or
(3)
render a decision without regard to the hearing officer's proposed
decision.
1. New
section filed 9-17-97; operative 9-17-97 pursuant to Government Code section
11343.4(d) (Register 97, No. 38).
2. Amendment of subsection (b)(1)
filed 12-1-99; operative 12-1-99 pursuant to Government Code section 11343.4(d)
(Register 99, No. 49).
3. Amendment of subsections (a)(3) and
(a)(10) and amendment of NOTE filed 8-2-2005; operative 9-1-2005 (Register
2005, No. 31).
4. Amendment filed 4-26-2007; operative 4-27-2007
pursuant to Government Code section 11343.4 (Register 2007, No.
17).
5. Amendment of subsection (a)(3) filed 9-24-2018; operative
11-30-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018,
No. 39).
Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
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