Cal. Code Regs. tit. 21 § 1413.3

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

Section 1413.3 - Appeal Package

A written appeal package is deemed a complete submittal on the date the Department Director receives all items listed below:

(a) An appeal letter to the Department Director specifically requesting an appeal of the denied Encroachment Permit application and containing a detailed explanation of why the Department should issue an Encroachment Permit for the proposed project or activity sought by the application; and

(b) Denial letter issued by the District or a statement in the appeal letter that a denial letter was not issued by the District within 60 Days after the District's receipt of a complete Encroachment Permit application package; and

(c) Applicant's name, company or organization, mailing address, and telephone number, and the same information for any person or entity designated by the Applicant to represent Applicant in the appeal; and

(d) Identification of all locations, including District, county, route, and post mile, at which the Applicant and/or person or entity acting on behalf of the Applicant proposes to encroach onto Department property as described in Section 660 of the Streets and Highways Code or to perform any act or activity described in Sections 670 or 670.1 of the Streets and Highways Code; and

(e) Description of the proposed encroachment onto Department property as described in Section 660 of the Streets and Highways Code and/or the proposed act or activity described in Sections 670 or 670.1 of the Streets and Highways Code, which the Applicant and/or person or entity acting on behalf of the Applicant proposes to perform or conduct under the denied Encroachment Permit being appealed, including three (3) complete sets of plans and any applicable specifications, calculations, maps, and other supporting documents; and

(f) A $2,000 deposit towards the Applicant's fifty percent (50%) share of the Administrative Costs of conducting the appeal. The deposit shall be made by check or money order made payable to the California Department of Transportation; and

(g) Notice of whether the Applicant requests to make a presentation to the Department Director or the Department Director's designee.

Cal. Code Regs. Tit. 21, § 1413.3

1. New section filed 1-19-2017; operative 4-1-2017 (Register 2017, No. 3).

Note: Authority cited: Section 671.5, Streets and Highways Code. Reference: Sections 660, 670, 670.1 and 671.5, Streets and Highways Code.

1. New section filed 1-19-2017; operative 4/1/2017 (Register 2017, No. 3).