Cal. Code Regs. tit. 21 § 2650

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 2650 - Steps Taken when a Permit is Revoked
(a) Volunteer adopter's Permit is revoked.
(1) Verbal notice: The district coordinator makes verbal contact with the volunteer adopter's primary contact and the date of verbal contact is documented. If the maintenance supervisor and the volunteer adopter's primary contact are at the adoption site when the violation occurs, the maintenance supervisor may give the verbal notice. The following information is given:
(A) The Permit or Caltrans policy violation(s) is identified.
(B) The adopter is advised that, effective immediately, it is no longer authorized to perform work at the adoption site.
(C) The adopter is informed that it will be sent a written notice of revocation.
(D) The adopter is informed of its right to appeal the revocation as described in Section 2652(a)(1).
(2) Written notice: Within one week of the verbal notice, the district coordinator sends a revocation letter by certified mail to the volunteer adopter's primary contact. The information given during the verbal notice (Section 2650(a)(1)) is repeated in the revocation letter.
(b) Contractor's Permit is revoked.
(1) Verbal notice: The district coordinator makes verbal contact with the sponsor's primary contact and the contractor's primary contact. If the maintenance supervisor and the contractor's primary contact are at the adoption site when the violation occurs, the maintenance supervisor may give the verbal notice. The following information is given:
(A) The Permit or Caltrans policy violation(s) committed by the contractor is identified.
(B) The sponsor and the contractor are advised that, effective immediately, the contractor is no longer authorized to perform work at the adoption site.
(C) The sponsor and the contractor are informed that both will be sent a written notice of revocation of the contractor's Permit.
(D) The contractor is informed of its right to appeal the revocation as described Section 2652(a)(1).
(E) The sponsor is informed that its Permit is still valid but that the sponsor's options are dependant on whether or not its contractor appeals the revocation. These options are listed in Section 2650(c).
(2) Written notice: The district coordinator sends a letter by certified mail to the sponsor's primary contact. A copy of the letter is also sent by certified mail to the contractor's primary contact. The information given during the verbal notice (Section 2650(b)(1)) is repeated in the revocation letter.
(c) Options for sponsors whose contractor's Permit has been revoked.
(1) If the sponsor's contractor does not submit a written appeal by the deadline established in Section 2652(a)(1), the district coordinator makes verbal contact with the sponsor's primary contact. The sponsor is informed that it has 30 calendar days to hire another contractor, to voluntarily cancel its own Permit, or to convert to a volunteer adoption.
(A) If the sponsor does not make a decision by the deadline, the district coordinator sends a letter to the sponsor's primary contact by certified mail. The following information is given:
1. The sponsor is informed that its Permit is revoked for failure to choose a participation option.
2. The sponsor is informed of its right to appeal the revocation as described Section 2652(a)(2).
(2) If the contractor submits a written appeal, the sponsor must wait until the contractor's appeal process is complete before taking action.
(A) If the decision to revoke the contractor's Permit is upheld, the district coordinator makes verbal contact with the sponsor's primary contact and explains the options listed in Section 2650(c)(1).
(B) If the decision to revoke the contractor's Permit is reversed, the sponsor may continue the adoption using the same contractor.
(d) Sites vacated due to a revoked Permit.
(1) To allow time for an adopter to appeal the decision to revoke its Permit, the district coordinator keeps the affected adoption site vacant until the appeal deadline is past (30 calendar days after the adopter received the revocation letter).
(A) If no appeal is received by the deadline, the district coordinator may offer the adoption site to another party.
(B) If an appeal is received, the district coordinator keeps the adoption site vacant until the appeal process is complete.

Cal. Code Regs. Tit. 21, § 2650

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 and 92, 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).