California Code of Regulations
Title 21 - Public Works
Division 2 - Department of Transportation
Chapter 23 - Adopt-a-Highway Program
Article 12 - Permit Period and Performance Monitoring
Section 2649 - Performance Monitoring

Universal Citation: 21 CA Code of Regs 2649

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

(a) Performing work under a Permit constitutes acceptance by the adopter of all requirements listed in the Permit package. An adopter's performance is randomly monitored by the maintenance supervisor to ensure compliance with Permit provisions and to determine whether or not the quality of work performed is satisfactory.

(1) Performance reviews for work quality must take place within one day of the actual work performed.

(b) If a Permit violation or Caltrans policy violation occurs, the district shall take one of the following actions:

(1) Issue an informal warning.
(A) An informal warning is instructive in nature and is intended to correct work performance problems and encourage safe participation. A description of the violation(s) and any corrective action required are clearly communicated to the adopter and documented for future reference.
1. Volunteer adopters: The district coordinator or maintenance supervisor makes verbal contact with the volunteer adopter's primary contact to point out the violation(s).

2. Sponsors: A sponsor is not contacted when its contractor receives an informal warning.

3. Contractors: The district coordinator or maintenance supervisor makes verbal contact with the contractor's primary contact to point out the violation(s).

(2) Issue a formal warning.
(A) A formal warning is admonitory in nature and informs the adopter that a Permit can be revoked if the violation(s) continue. The maintenance supervisor informs the district coordinator of the violation(s).
1. Volunteer adopters: The district coordinator sends a warning letter to the adopter's primary contact identifying the violation(s) which occurred and, if necessary, sets a deadline by which the violation(s) must be corrected.

2. Sponsors: The district coordinator sends a warning letter to the sponsor's primary contact identifying the violation(s) committed by the sponsor's contractor and, if necessary, sets a deadline by which the contractor must correct the violation(s).

3. Contractors: The district coordinator sends the contractor's primary contact a copy of the warning letter sent to the contractor's sponsor.

(3) Revoke the Permit.
(A) A Permit is revoked under the following conditions:
1. A Permit is revoked if a third formal warning is issued. The two prior formal warnings need not be for the same violation.

2. Caltrans immediately revokes the Permit of volunteer adopter or contractor whose workers act with a deliberate disregard for their own safety, the safety of Caltrans employees, or the safety of the traveling public.

3. Caltrans may immediately revoke the Permit of volunteer adopter or contractor whose workers violate Caltrans Policy as defined in Section 2621(h).

1. New section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).

Note: Authority cited: Section 91.5, Streets and Highways Code. Reference: Sections 91.5 and 92, Streets and Highways Code.

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