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 2.5 - Electronic Waste Payment System - Manufacturer Payments
Section 18660.39 - Appeal of Denied or Adjusted Manufacturer Payment Claims
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A registered manufacturer shall submit an appeal in writing to the CalRecycle main business office, to the attention of the Legal Office, within 30 calendar days of the date of the notice denying or adjusting the claim. The registered manufacturer shall clearly mark the outside of the package containing the appeal with: "Electronic Manufacturer Claim Appeal Enclosed".
(b) Any appeal received by CalRecycle after 30 calendar days from the date of the claim denial or adjustment notice from CalRecycle shall be denied without a hearing or consideration of the appeal.
(c) A registered manufacturer shall include all of the following information in a written appeal:
(d) 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.
(e) 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 claim, the reasons for payment denial or payment adjustment, and any additional relevant information presented by the claimant or CalRecycle staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision.
(f) CalRecycle will notify the registered manufacturer of the determination in writing within 20 calendar days from the date of the decision.
(g) 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.
1. 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 Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006.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.
2. Certificate of Compliance as to 12-13-2004 order transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).
3. Change without regulatory effect amending subsections (a)-(b) and (d)-(e), repealing subsection (f), relettering subsection and amending newly designated subsection (f) and NOTE filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).
4. Amendment 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 42474 and 42476, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code.
