Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Any manufacturer whose application or certification has
been denied, suspended, or revoked may request a hearing to review the action
as provided herein.
(a) Hearing
Procedure. Except as provided for in section
94213(b) below,
any appeal pursuant to this section
94213 shall be conducted in
accordance with the Administrative Hearing Procedures for Petitions for Review
of Executive Officer Decisions, Title 17 California Code of Regulations,
Division 3. Chapter 1 Article 2, commencing with section
60055.1.
(b) Review by written submission.
(1) In lieu of the hearing procedure set
forth in (a) above, a manufacturer may request that a review of the Executive
Officer's decision be conducted by a hearing officer solely by written
submission.
(2) A manufacturer may
request a review of the Executive Officer's decision to deny, suspend or revoke
a certification no later than 20 days from the date of issuance of the notice
of the denial, suspension, or revocation. Such request shall include, at a
minimum, the following:
(A) name of the
manufacturer, the name, address and telephone number of the person representing
the manufacturer and a statement signed by a senior officer of the manufacturer
warranting that the representative has full authority to bind the manufacturer
as to all matters regarding the appeal;
(B) copy of the Executive Order granting
certification and the written notification of denial;
(C) a statement of facts and explanation of
the issues to be raised setting forth the basis for challenging the denial,
suspension, or revocation (conclusory allegations will not suffice) together
with all documents relevant to those issues; and
(D) the signature of the representative named
in (A) above.
(3) Upon
receipt of a request for review, the request shall be referred to the
administrative hearing office of the state board for assignment of a hearing
officer.
(4) Within 15 days of
appointment of a hearing officer:
(A) ARB
staff shall submit a written response to the manufacturer's submission and
documents in support of the Executive Officer's action no later than 10 days
after receipt of the manufacturer's submission;
(B) within 7 days of receipt of the ARB
response, the manufacturer may submit one rebuttal statement which shall be
limited to the issues raised in the ARB rebuttal;
(C) if the manufacturer submits a rebuttal,
ARB staff may, within 7 days of receipt of the manufacturer's rebuttal, submit
one rebuttal statement which shall be limited to the issues raised in the
manufacturer's rebuttal; and
(D)
the hearing officer shall receive all statements and documents and render a
written decision. The hearing officer's decision shall be mailed to the
manufacturer no later than 60 working days after the final deadline for
submission of papers.
1. New
section filed 9-4-2002; operative 10-4-2002 (Register 2002, No.
36).
Note: Authority cited: Sections
39600,
39601
and
41514.9,
Health and Safety Code. Reference: Section
41514.9,
Health and Safety Code.
