Cal. Code Regs. tit. 21 § 2643

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 2643 - Successive Permits
(a) An adopter may apply for a successive Permit an unlimited number of times provided the adopter or the adopter's contractor has satisfactorily met the terms of the existing Permit and the site remains suitable for adoption. However, the issuance of a first Permit does not set precedent. Caltrans is under no obligation to grant a successive Permit.
(1) If the adopter wishes to apply for a successive Permit, a notice of such intent shall be submitted to the district coordinator at least 30 calendar days prior to the expiration date of the Permit. The notice may be verbal or written; there is no form to submit.
(2) As a courtesy, the district coordinator may initiate the successive Permit process by contacting the adopter or the sponsor's contractor.
(b) A site review is performed near the end of each Permit period.
(1) If the site remains adoptable, the district coordinator must communicate any resulting changes in work frequency or in work procedures to the adopter when the new Permit Application is sent.
(2) If construction is scheduled for the area, the maintenance supervisor checks to see if any portion of the site will be excluded from the construction zone. If so, and it is safe and practical for the adopter to work in that portion, a new Permit Application, with modified beginning and ending points, is sent. If not, the entire site is classified as not adoptable.
(3) If the site is no longer adoptable, the existing Permit is immediately canceled.
(A) If a volunteer adopter's past performance was satisfactory, the adopter is given a displaced adopter status. If a volunteer adopter's past performance was unsatisfactory, no further action is taken.
(B) If a contractor's past performance was satisfactory, the sponsor is given a displaced adopter status. If a contractor's past performance was unsatisfactory, the sponsor is still given a displaced adopter status, provided the sponsor hires a different contractor when a new site is adopted.
(c) The district coordinator asks the maintenance supervisor if the volunteer adopter's or contractor's past performance was satisfactory.
(1) A volunteer adopter who has not satisfactorily met Permit requirements is not issued a successive Permit.
(2) A sponsor, whose contractor has not satisfactorily met Permit requirements, must hire a different contractor in order to apply for a successive Permit.

Cal. Code Regs. Tit. 21, § 2643

1. New section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).

Note: Authority cited: Section 91.5, Streets and Highways Code. Reference: Sections 91.5, 92 and 670, Streets and Highways Code.

1. New section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).