Cal. Code Regs. tit. 21 § 1412.8
If the applicant elects to engage in the formal appeal process, the applicant shall submit a "Dispute Resolution Package", including all documentation substantiating the appeal, to the Department Director. The "Dispute Resolution Package" shall then be reviewed by a Broadband Permit Dispute Resolution Committee (BPDRC), which shall make a recommendation to the Department Director. The committee consists of (1) Department's Chief, Division of Traffic Operations, (2) a designee from the Administration appointed by the Business, Transportation and Housing Agency's Secretary and (3) Department's Chief, Division of Design. The Chief, Division of Design shall be the Chair of the committee. A Department Right-of-Way representative, may also be utilized on an as-needed basis. Designees for the Chief, Division of Traffic Operations and/or Chief, Division of Design may serve on the panel if necessary to expedite a decision.
The applicant shall pay a deposit of $500 towards the cost of the appeal.
The committee shall establish the necessary framework for reaching consensus with the applicant by exploring and attempting to accommodate the underlying interests of each party. If consensus cannot be reached, the Chair of the committee shall make a recommendation to the Department Director, including any dissenting opinions. The Department Director shall make the final decision on the appeal and reply to the applicant within 60 calendar days of receipt of the formal appeal. The Applicant shall reimburse the State 50 percent of the administrative cost of conducting the "Dispute Resolution" with the Director regardless of the outcome.
When the appeal process is completed, the applicant will be billed and shall reimburse the State 50 percent of the administrative costs of conducting the dispute resolution, which includes staff time and the cost of mail, minus the $500 deposit, regardless of the outcome of the appeal.
Cal. Code Regs. Tit. 21, § 1412.8
Note: Authority cited: Section 671.5, Streets and Highways Code. Reference: Sections 670 and 671.5, Streets and Highways Code.