California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 8.2 - Electronic Waste Recovery and Recycling
Article 2.1 - Electronic Waste Payment System - Applications for Approval
Section 18660.19 - Appeal of Denial, Suspension or Revocation of Approval
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If CalRecycle denies an application for approval or suspends or revokes an approval, the collector or recycler shall appeal that decision and request a hearing within 30 calendar days after the date of the denial, suspension or revocation. Any appeal received by CalRecycle after 30 calendar days from the date of the denial, suspension or revocation shall be denied without a hearing or consideration of the appeal.
(b) This appeal provided for in this Section is also governed by the general administrative adjudication provisions of the California Administrative Procedure Act, found at Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11400. This appeal is not subject to the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11500.
(c) The collector or recycler requesting a hearing must submit the appeal in writing and ensure that it is received by CalRecycle's main business office, to the attention of the Legal Office. The collector or recycler shall clearly mark the outside of the package containing the appeal with: "Covered Electronic Waste Application Appeal Enclosed".
(d) In an appeal, a collector or recycler shall include, at a minimum, all of the following:
(e) At any time during the proceeding, before a decision is issued, CalRecycle, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10.
(f) CalRecycle shall provide a hearing before the director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the application, the reasons for denial, suspension or revocation, and any additional relevant information presented by the applicant or CalRecycle staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision.
(g) CalRecycle will notify the collector or recycler of the determination in writing within 20 calendar days from the date of the decision.
1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.
3. Certificate of Compliance as to 12-13-2004 order, including amendment of section heading and section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
4. Change without regulatory effect amending subsection (a) and NOTE filed 9-12-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 37).
5. Change without regulatory effect amending section filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
6. Amendment of subsection (c) filed 9-17-2018; operative 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463(b), 42474(e)(3) and 42479, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code.