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.Cal. Code Regs. Tit. 17, § 94213
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.
1. New section filed 9-4-2002; operative 10-4-2002 (Register 2002, No. 36).