California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations
Article 5 - Request for Review, Appeal, and Petition Process
Section 2814.1 - Final Division Decisions

Universal Citation: 23 CA Code of Regs 2814.1

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

(a) A claimant may appeal to the Division Chief for review of a Fund Manager Decision. In addition, a claimant who disagrees with a decision rendered by Division staff may appeal directly to the Division Chief pursuant to this section, as an alternative to requesting review by the Fund Manager. A claimant who chooses to request review by the Fund Manager must receive a Fund Manager Decision before appealing to the Division Chief.

(b) An appeal to the Division Chief must be accompanied by all material that the claimant wishes to be considered by the Division Chief, and by the Board in any subsequent review by the Board. The appeal must include the following information:

(1) a statement describing how the claimant is damaged by the Fund Manager Decision or prior staff decision. This section shall be entitled "Claimant's Grievance";

(2) a description of the remedy or outcome desired. This section shall be entitled "Remedy Requested";

(3) an explanation why the claimant believes the Fund Manager Decision or prior staff decision is erroneous, inappropriate, or improper. This section shall be entitled "Statement of Reasons"; and

(4) a completed reimbursement request when the subject of the appeal is non-payment of a specific cost.

(c) The Division Chief shall render a Final Division Decision within 30 days of receipt of the appeal. A Final Division Decision is final and conclusive unless the claimant files a petition for review with the Board that is received by the Board within 30 days from the date of the Final Division Decision.

(d) The Division Chief may at any time, on the Division Chief's own motion, issue a Final Division Decision.

1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Renumbering of former section 2814.1 to section 2814.2 and renumbering of former section 2814 to new section 2814.1, including amendment of section and NOTE, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).

Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.56, Health and Safety Code.

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