Cal. Code Regs. tit. 19 § 2709

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2709 - Appeal of Determination

(a) Any petition or claim for refund made pursuant to section 8574.40 of the Government Code based upon whether the rail car content is or is not a hazardous material commodities should be made to the director and mailed to office headquarters.

(b) The envelope mailed to the director containing the petition or claim must be labeled "Hazardous Material Petition" or "Hazardous Material Claim." The petition or claim must include at minimum:

(1) contact information for person registered with the board;

(2) hazardous material commodity disputed;

(3) route;

(4) date fee was imposed or invoiced by the railroad;

(5) identification of the owner of the material in dispute;

(6) any information, evidence, or documentation regarding the disputed hazardous material commodity; and,

(7) statement of reasons why the petition or claim should be granted.

(c) Any petition or claim must be made within thirty (30) calendar days of the date the fee was imposed or invoiced, whichever occurs first, pursuant to Government Code section 8574.32.

(d) The director may request information, documents, or specific evidence from the person who submitted the claim or petition. Should the director make a request for information, the person must provide requested information within thirty (30) calendar days of the request.

(e) The director may delegate the determination of the claim or petition to any of his or her executive staff.

(f) The office will provide a written determination of the petition or claim. If the petition is granted, the office will notify both the board and the owner. If the petition is denied, the office will notify only the owner.

Cal. Code Regs. Tit. 19, § 2709

1. New section filed 6-20-2016 as an emergency; operative 6-20-2016 (Register 2016, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-19-2016 or emergency language will be repealed by operation of law on the following day.

Note: Authority cited: Section 8574.32(a)(1), Government Code. Reference: Section 8574.32(a)(1), and 8574.40, Government Code.