California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 5 - Division of Recycling
Subchapter 2 - General Requirements
Article 5 - Administrative Actions
Section 2130 - Hearings

Universal Citation: 14 CA Code of Regs 2130

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

(a) Notice shall be given to the operator of record pursuant to chapter 5 (Administrative Adjudication) of division 3 of title 2 of the Government Code, commencing with Section 11500, of the Division's intent to hold adjudication proceedings to consider any or all of the following:

(1) Revocation of a certificate;

(2) Suspension of a certificate;

(3) Nonrenewal of a certificate; or

(4) Imposition of civil penalties on the certificate holder.

(b) Hearings concerning proceedings in (a) above shall be held in accordance with the provisions of chapter 5 (Administrative Adjudication) of division 3 of title 2 of the Government Code, commencing with Section 11500.

(c) Upon receiving notification of the Division's decision denying a certification application or notification to revoke a certificate issued to a dropoff or collection program or community service program, the operator shall have the right to request a hearing with the Department of Resources Recycling and Recovery.

(1) The operator shall submit directly to the director of the Department of Resources Recycling and Recovery, within ten (10) calendar days of receipt of the notification from the Division, a written request for a hearing. Such request shall include, at a minimum, all of the following:
(A) The operator's name, mailing address, and daytime telephone number; and

(B) The requested certification category, as defined in section 2000(a)(5) of these regulations, or current certification number; and

(C) The facility name and street address, if applicable; and

(D) The date on the notification from the Division and the stated reasons for denial or revocation; and

(E) A clear and concise statement of the basis for objecting to denial of the certification application or revocation of the certificate.

(2) The director of the Department of Resources Recycling and Recovery shall schedule the hearing within twenty (20) working days of receipt of the written request for a hearing.

(3) The director shall make a determination to sustain or reverse the Division's denial of a certification application or revocation of a certificate issued to a dropoff or collection program or community service program based on the Division's preliminary review findings and any additional information submitted at the time of the hearing by the operator.

(4) The operator shall be notified of the determination by the director in writing within seven (7) working days from the date the hearing is conducted.

1. Repealer of former section 2130, and renumbering and amendment of former section 2075 to section 2130 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 subsection (c) and (c)(3) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).
3. Amendment of subsections (a)-(a)(3), (b) and (c)(1)(B) and NOTE filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).
4. Change without regulatory effect amending subsections (c), (c)(1) and (c)(2) filed 8-2-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 31).

Note: Authority cited: Section 14536, Public Resources Code. Reference: Sections 14511.7, 14538, 14539, 14541 and 14591, Public Resources Code; and Sections 11500- 11528, Government Code.

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