California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 26 - Wastewater Treatment Plant Classification, Operator Certification, and Contract Operator Registration
Article 9 - Administrative Civil Liability, Disciplinary Action, Appeal, and Petition Process
Section 3711 - Appeals of Discretionary Decisions Made by the Office of Operator Certification

Universal Citation: 23 CA Code of Regs 3711

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

(a) The following discretionary decisions made by the Office of Operator Certification are final and conclusive unless the applicant requests the Deputy Director of the Division to review the discretionary decision made by the Office of Operator Certification:

1) denial of an application for an operator, provisional operator, or operator-in-training certificate or the renewal or reinstatement of an operator or operator-in-training certificate;

2) denial of an application for a contract operator registration or a contract operator credential;

3) denial of an application for an exemption or the renewal of an exemption, or the revocation of an exemption for a Class I wastewater treatment plant;

4) denial of a request for approval to use a lone operator or a provisional operator; or

5) the results of an examination.

(b) Appeals shall be in writing and shall be received by the Deputy Director of the Division within 45 days of the date of the decision being appealed.

(1) the name, address, telephone number, and email address (if available) of the appellant;

(2) a copy of the decision that the appellant is appealing;

(3) a full and complete statement of the reasons why the decision being appealed is erroneous, inappropriate, or improper; and

(4) the specific action that the appellant seeks from the Deputy Director of the Division.

(d) The appeal shall be sent to the Deputy Director of the Division, with a copy sent to the Office of Operator Certification.

1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
3. Change without regulatory effect amending section filed 2-20-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 8).
4. Amendment of section heading, section and NOTE filed 1-28-2013; operative 4-1-2013 (Register 2013, No. 5).

Note: Authority cited: Section 1058, Water Code. Reference: Section 13627, Water Code.

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