Cal. Code Regs. tit. 21 § 5040

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 5040 - Departmental Review

Upon receipt of a petition for review under section 5021, the department shall conduct an investigation on, and make a determination as to, whether the county's finding is based on substantial evidence. If the department determines the county's finding to be not based on substantial evidence, it may either remand the matter to the county for reconsideration or decide the issue on the merits, either classifying the airport as having a noise problem or not. Notice of the determination and of classification as to whether a noise problem exists, together with the record of the investigation, shall be served by mail on the county, the airport proprietor, and the petitioner. The determination shall, unless a request for hearing is filed, become final on the day after the time for demanding a hearing has lapsed.

Cal. Code Regs. Tit. 21, § 5040

1. Renumbering and amendment of former Section 5040 to Section 5048, and new Section 5040 filed 2-20-90; operative 3-22-90 (Register 90, No. 10.) For prior history, see Register 79, No. 21.

Note: Authority cited: Section 21669, Public Utilities Code. Reference: Sections 21669- 21669.4, Public Utilities Code.

1. Renumbering and amendment of former Section 5040 to Section 5048, and new Section 5040 filed 2-20-90; operative 3-22-90 (Register 90, No. 10.) For prior history, see Register 79, No. 21.