Cal. Code Regs. tit. 23 § 2636.2

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 2636.2 - Petition for Board Review Regarding Under-Dispenser Spill Containment or Control Systems
(a) A manufacturer may petition the Board for review of a Final Division Decision.
(b) A petition for Board review shall contain the following:
(1) The name and address of the petitioner;
(2) A statement of the date on which the petitioner received the Division's final decision;
(3) A copy of the Final Division Decision that the Board is requested to review;
(4) An explanation why the petitioner believes the Final Division Decision is erroneous, inappropriate, or improper;
(5) A statement describing how the petitioner is damaged by the Final Division Decision; and
(6) A description of the remedy or outcome desired.
(c) The petition shall be sent to the Board Chairperson, with copies sent to the Chief Counsel of the Board, and the Division Chief.
(d) The petitioner may request a hearing for the purpose of presenting factual material not presented to the Division Chief or for oral argument or both. The request to present material that was not presented to the Division Chief must include a description of the factual material that the petitioner wishes to submit, the facts that the petitioner expects to establish, and an explanation of the reasons why the petitioner could not previously submit the new material to the Division Chief. The petitioner must include with the petition a copy of any new documentary material that the petitioner wishes to present to the Board.
(e) The Division Chief may file a response to the petition with the Board within 30 days of the Board's notification to the petitioner that the petition is complete. The Division must provide a copy of any response to the petitioner. The Board may extend the time for filing a response by the Division Chief.

Cal. Code Regs. Tit. 23, § 2636.2

1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code.

1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).