(a) Any person whose application for an Executive Order of Certification has been denied, or whose certification has been suspended or revoked, may request a hearing to review the action as provided herein. Any such request shall be made within twenty days of the date the action for which review is sought became final.(b) Hearing Procedure. Except as provided for in subsection (c) below, any appeal pursuant to this section 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.
(c) Review by written submission. (1) In lieu of the hearing procedure set forth in (b) above, a Holder may request that a review of the Executive Officer's decision be conducted by a hearing officer solely by written submission.(2) A Holder 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 Holder, the name, address and telephone number of the person representing the Holder and a statement signed by a senior officer of the Holder warranting that the representative has full authority to bind the Holder as to all matters regarding the appeal;(B) copy of the Executive Order granting certification, if any, and the written notification of denial, suspension, or revocation;(C) A statement of the objections to the decision upon which review is requested; a verified statement of the facts, data and other relevant evidence in support of the objections; a demand for the specific relief the petitioner seeks; a short, concise statement of legal argument, with citation to authorities, in support of the objections and the relief requested. The verification may be made on information and belief; and(D) the signature of the representative named in (A) above.(3) Upon receipt by the Clerk of the Board 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 CARB staff shall file with the Clerk of the Board and serve on the petitioner a written response to the Holder's submission and documents.(5) Within 7 days of receipt of the CARB response, the Holder may submit one rebuttal statement that shall be limited to the issues raised in the CARB rebuttal.(6) If the Holder submits a rebuttal, CARB staff may, within 7 days of receipt of the Holder's rebuttal, submit one rebuttal statement that shall be limited to the issues raised in the Holder's rebuttal.(7) The hearing officer shall receive all statements and documents and render a written decision. The hearing officer's decision shall be mailed to the Holder no later than 60 working days after the final deadline for submission of papers.Cal. Code Regs. Tit. 13, § 2771
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment filed 11-13-2017; operative 1-1-2018 (Register 2017, No. 46).
3. Amendment of subsections (c)(4)-(6) filed 9-14-2022; operative 1-1-2023 (Register 2022, No. 37). Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment filed 11-13-2017; operative 1/1/2018 (Register 2017, No. 46).
3. Amendment of subsections (c)(4)-(6) filed 9-14-2022; operative 1/1/2023 (Register 2022, No. 37).