California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 5 - Division of Recycling
Subchapter 2 - General Requirements
Article 4 - General Accounting Requirements
Section 2090 - Reports, Notices, and Claims Submitted to the Division

Universal Citation: 14 CA Code of Regs 2090

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Except where specifically provided otherwise, any reports, notices, claims, and applicable supporting data prepared pursuant to this chapter shall be prepared and submitted in the form designated by the Division.

All information shall be accurate and complete. Only reports, notices, and claims in such form and bearing an original signature pursuant to subsection 2090(d)(4) shall be acceptable. The Division shall provide reporting forms to any person upon request.

(b) In lieu of submitting information on paper forms provided by the Division, program participants may file designated reports, notices, claims, and other documents electronically with the Division, where the Division has prescribed a form and manner for electronic submission of the document.

(1) Electronic filings may only be submitted through a process made available by the Division.

(2) Notwithstanding any other law, any electronically filed report, notice, claim, or other document shall be deemed to be a valid, original document, including reproductions of the document made by the Division onto paper or other media.

(3) Nothing in this subsection shall obviate compliance with recordkeeping and record retention provisions required by these regulations.

(c) When using paper forms, all reports, notices, claims, and all applicable supporting data shall be accurate, complete, and typed or legibly handwritten in English using permanent ink. Errors shall be voided only by using a single line through the error. Correction fluid, correction tape or erasures shall not be used for correcting errors on any documentation required by or submitted to the Division.

(d) All reports and claims to support payments to or from the Division shall contain all of the following information:

(1) The full name, address, and identification number of the entity preparing the report; and
(A) For recycling centers, dropoff or collection programs, community service programs and processors, the identification number shall be the certification number designated by the Division.

(B) For all other persons, the identification number shall be the Seller's Permit Number as designated by the state pursuant to Revenue and Taxation Code sections 6066 and 6067.

(C) If an entity preparing the report has no certification number or Seller's Permit Number, an identification number shall be obtained from the Division upon written request.

(2) The name and phone number of a contact person for purposes of the report; and

(3) The reporting period and date of preparation of the report; and

(4) The signature and title of the representative of the entity authorized to prepare the report. The signature block shall state that the information in the report or claim is correct to the best knowledge of the person submitting the report or claim; and

(5) The date and place of the signing of the claim or report.

(e) Failure to comply with any provision of this section, or other reporting requirements of this chapter, shall be grounds for the Division to reject or deny the report, notice or claim or take disciplinary action against the certificate holder pursuant to Section 14591.2(c) of the Act. Any such rejection shall not extend any applicable time period.

1. Renumbering and amendment of former section 2090 to section 2510, and renumbering and amendment of former section 2604 to section 2090 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsections (a), (d)(1)(A) and (e) and NOTE filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
3. New subsection (f) filed 2-7-95; operative 2-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 6).
4. Change without regulatory effect amending subsections (f)(3)(B)12. and (f)(3)(B)18. and NOTE filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
5. Amendment of subsection (f)(3)(B)9. and NOTE filed 3-6-2000 as an emergency; operative 3-6-2000 (Register 2000, No. 10). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 7-5-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation.
6. Amendment of subsection (f)(3)(B)9. and NOTE refiled 7-6-2000 as an emergency; operative 7-6-2000 (Register 2000, No. 27). Pursuant to Public Resources Code section 14536, subdivision (b)(2), the Department of Conservation should file a Certificate of Compliance with OAL by 11-3-2000; however, this emergency regulation shall not be repealed by OAL, and shall remain in effect until revised by the Director of the Department of Conservation.
7. Certificate of Compliance as to 7-6-2000 order, including further amendment of subsection (f)(3)(B), transmitted to OAL 9-28-2000 and filed 11-13-2000 (Register 2000, No. 46).
8. Amendment of subsections (c) and (e) filed 7-10-2001; operative 8-9-2001 (Register 2001, No. 28).
9. Amendment of subsection (f)(3)(B)14. filed 3-25-2002 as an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-23-2002 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (f)(3)(B)14. refiled 7-17-2002 as an emergency; operative 7-23-2002 (Register 2002, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-20-2002 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (f)(3)(B)14. refiled 11-18-2002 as an emergency, with additional amendment of subsection (e); operative 11-20-2002 (Register 2002, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-20-2003 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 11-18-2002 order transmitted to OAL 2-20-2003 and filed 4-1-2003 (Register 2003, No. 14).
13. Amendment of subsections (f)(3)(B)2., 8., 12. and 14.-18. and repealer and new Consolidated Shipping Report Form (within subsection (f)(4)) filed 2-23-2006; operative 3-25-2006 (Register 2006, No. 8).
14. Amendment of subsection (f)(3)(B)12. and repealer and new shipping report form filed 6-21-2007 as an emergency; operative 6-21-2007. This regulatory action meets the emergency standard and is mandated to remain in effect until revised by the Director of the Department of Conservation pursuant to Public Resources Code section 14536(b)(2) (Register 2007, No. 25).
15. Amendment of subsection (a), repealer of subsections (b)-(b)(2), new subsections (b)-(b)(3) and amendment of subsection (c) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).
16. Repealer of subsections (f)-(f)(4) and Figure 8 filed 1-28-2010; operative 2-27-2010 (Register 2010, No. 5).

Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14511.7, 14518.5, 14538, 14539, 14541, 14549.1, 14550, 14551, 14552 and 14553, Public Resources Code; and Sections 6066 and 6067, Revenue and Taxation Code.

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