reglab/statecodes huggingface dataset:
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 1 - General Provisions › Section 7600 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Chapter,
(a) "Appeal letter" refers to the written
				  document or documents filed by an applicant with the Secretary which seeks
				  resolution of a dispute with a state agency arising from an alleged violation
				  of the time periods for processing applications as required by the Permit
				  Reform Act (Government Code Section
				  15374 et
				  seq.).
(b) "Applicant" means any
				  person that has filed an application, as defined in Subdivision (c), with a
				  state agency.
(c) "Application"
				  means any application for a permit for which a state agency has established
				  time periods for processing in its regulations, in compliance with the Permit
				  Reform Act.
(d) "Secretary" refers
				  to the Secretary of the Business, Transportation, and Housing Agency.
(e) "State agency" means any department,
				  office, or similar entity within the Business, Transportation, and Housing
				  Agency.
1. New
					 chapter 6, article 1 and section filed 6-27-95; operative 7-12-95 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 95, No. 26).
Note: Authority cited: Section
						15378,
						Government Code. Reference: Section
						15378,
						Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 1 - General Provisions › Section 7601 - Communications with the Secretary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All communications with the Secretary shall be directed as
					 follows:
Secretary of the Business Transportation and Housing
					 Agency
980 9th Street, Suite 2450
Sacramento, CA 95814-2719
Telephone: (916) 323-5400
Facsimile: (916) 323-5440
1. New
					 section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 26).
2. Change without regulatory effect amending
					 agency address filed 9-3-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 36).
Note: Authority cited: Section
						15378,
						Government Code. Reference: Section
						15378,
						Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 1 - Appeal Relating to State Agency's Failure to Comply with Time Period for Notice of Completeness or Deficiency of Application › Section 7605 - Authorization to File Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant who has not received the notification
						required by Government Code Section
						15376(a)
						- i.e., written notification either that the applicant's application is deemed
						complete, or that the application is deficient and what specific information is
						required - within the time period specified in the state agency's regulations
						may file an appeal with the Secretary under this Part.
1. New
						article 2 and section filed 6-27-95; operative 7-12-95 pursuant to Government
						Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 1 - Appeal Relating to State Agency's Failure to Comply with Time Period for Notice of Completeness or Deficiency of Application › Section 7606 - Form of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appeal may be in letter form or any other written
						format.
1. New
						section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 1 - Appeal Relating to State Agency's Failure to Comply with Time Period for Notice of Completeness or Deficiency of Application › Section 7607 - Contents of Appeal Letter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appeal letter may contain any information and
						documentation relevant to the appeal, but shall contain the following
						information:
(a) The name, address,
					 and telephone number of the applicant.
(b) The name of the state agency, and the
					 address of the state agency's office where the application was filed.
(c) The date the application was received by
					 the state agency.
(d) The type of
					 application filed.
(e) The date and
					 description of any communications between the applicant and the state agency
					 relating to the application.
1. New
						section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 1 - Appeal Relating to State Agency's Failure to Comply with Time Period for Notice of Completeness or Deficiency of Application › Section 7608 - Notice of Appeal to State Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary shall mail or deliver a notice of the
						filing of the appeal letter to the state agency with which the application was
						filed. The notice shall contain the following:
(a) A copy of the applicant's appeal
					 letter.
(b) A statement that if the
					 state agency desires to respond to the appeal letter, its written response must
					 be submitted within 10 business days after receipt of the Secretary's
					 notice.
1. New
						section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 1 - Appeal Relating to State Agency's Failure to Comply with Time Period for Notice of Completeness or Deficiency of Application › Section 7609 - Secretary's Determination of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 10 business days after either receiving the state agency's response or
					 the elapsing of the 10-day response period, the Secretary shall issue a written
					 decision on the applicant's appeal.
(b) If the Secretary finds that the state
					 agency failed to provide the notification required by Government Code Section
					 15376(a)
					 within the time period determined in accordance with the state agency's
					 regulations, the Secretary shall specify in the decision the date by which the
					 state agency shall provide the applicant with the required
					 notification.
(c) A copy of the
					 Secretary's decision shall be delivered or mailed to the applicant and to the
					 state agency.
1. New
						section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 2 - Appeal Relating to State Agency's Failure to Comply with Time Period for Decision › Section 7620 - Authorization to File Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant whose application filed with a state agency
						has not been decided by the state agency within the time period specified in
						the state agency's regulations, as required by Government Code Section
						15376(b),
						may file an appeal under this Part with the Secretary.
1. New
						section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 2 - Appeal Relating to State Agency's Failure to Comply with Time Period for Decision › Section 7621 - Form of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appeal may be in letter form or other written
						format.
1. New
						section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 2 - Appeal Relating to State Agency's Failure to Comply with Time Period for Decision › Section 7622 - Timing of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal made under this Part shall be filed no later
						than 30 days after the date of mailing of the state agency's decision on the
						application.
1. New
						section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 2 - Appeal Relating to State Agency's Failure to Comply with Time Period for Decision › Section 7623 - Contents of Appeal Letter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appeal letter may contain any information or
						documentation relevant to the appeal, but shall contain the following
						information:
(a) The name, address,
					 and telephone number of the applicant.
(b) The name of the state agency, and the
					 address of the state agency's office where the application was filed.
(c) The type of application filed.
(d) The amount of filing fees paid.
(e) The date on which the applicant received
					 notification from the state agency that the application was determined to be
					 complete.
(f) Whether the
					 application is subject to notice and hearing requirements, and if so, whether
					 the state agency has complied with such requirements.
(g) The date and description of any
					 communications between the applicant and the state agency relating to the
					 application.
1. New
						section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 2 - Appeal Relating to State Agency's Failure to Comply with Time Period for Decision › Section 7624 - Notice of Appeal to State Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary shall mail or deliver a notice of the
						filing of the appeal letter to the state agency with which the application was
						filed. The notice shall contain the following:
(a) A copy of the applicant's appeal
					 letter.
(b) A statement that if the
					 state agency desires to respond to the appeal letter, its written response must
					 be submitted within 10 business days after receipt of the notice.
1. New
						section filed 6-27-95; operative 7-12-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 26).
Note: Authority cited: Section
						  15378,
						  Government Code. Reference: Section
						  15378,
						  Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 2 - Appeal Procedure › Part 2 - Appeal Relating to State Agency's Failure to Comply with Time Period for Decision › Section 7625 - Secretary's Determination of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
					 used in this Section, "time period" means the maximum time period for
					 determining an application as established in a state agency's regulations in
					 accordance with Government Code Section
					 15376.
					 Where a state agency has not designated in its regulation a "maximum" time
					 limit because it had no basis of actual performance during the two years prior
					 to proposing its regulation, "time period" means the time period specified in
					 the regulation within which the state agency is required to render a decision
					 after the receipt of a completed application.
(b) Within 10 business days after either
					 receiving the state agency's response or the elapsing of the 10-day response
					 period, the Secretary shall issue a written decision on the applicant's
					 appeal.
(c) The Secretary shall
					 require the state agency to fully reimburse the applicant for filing fees paid
					 if:
(1) The agency did not make a decision on
					 the application within the time period specified in the state agency's
					 regulations; and
(2) The Secretary
					 decides the appeal in favor of the applicant.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 6 - Regulations Relating to Appeals Under the Permit Reform Act of 1981 › Article 3 - Notice of Appeal Process › Section 7630 - Notice to Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each state agency shall include on any form of application
					 it uses in connection with an application subject to the Permit Reform Act and
					 this Chapter, a notice of the applicant's right to appeal to the Secretary in
					 the event that the state agency fails to comply with the time periods for
					 processing the application. The notice may be in any format but shall contain
					 the following information:
"The [name of the state agency] has established time
					 periods for the processing of permit applicants as required by the Permit
					 Reform Act (Government Code Section
					 15374 et
					 seq.). These time periods are set forth in the regulations of the [name of the
					 state agency] at [citation to regulations containing Permit Reform Act time
					 periods]. Failure to comply with these time periods may be appealed to the
					 Secretary of the Business, Transportation, and Housing Agency, 801 K Street,
					 Suite 1918, Sacramento, CA, 95814-3520, pursuant to the regulations of the
					 Secretary set forth in Chapter 6 (commencing with Section
					 7600) of Title 21 of the
					 California Code of Regulations. Under certain circumstances, the Secretary may
					 require the [name of the state agency] to reimburse the applicant for the
					 filing fees paid in connection with the application."
1. New
					 article 3 and section filed 6-27-95; operative 7-12-95 pursuant to Government
					 Code section
					 11343.4(d)
					 (Register 95, No. 26).
Note: Authority cited: Section
						15378,
						Government Code. Reference: Section
						15378,
						Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 1 - Establishment and Definitions › Section 7700 - Establishment of Public Infrastructure Advisory Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) By the
				  authority set forth in Government Code section
				  13978 and
				  Streets and Highways Code section
				  143,
				  subdivision (a), paragraph (5), the Public Infrastructure Advisory Commission
				  (Commission) is hereby established within the Business, Transportation and
				  Housing Agency.
(b) The
				  Commission's business shall be conducted in accordance with sections
				  7701 through
				  7711 of these
				  regulations.
1. New
					 chapter 7 (articles 1-2, sections
					 7700-7711), article 1 (sections
					 7700-7702) and section filed
					 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 12-21-2009 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 1 - Establishment and Definitions › Section 7701 - Establishment of Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There is
				  the Public Infrastructure Advisory Commission (Commission) established within
				  the Business. Transportation and Housing Agency (Agency) pursuant to Streets
				  and Highways Code section
				  143,
				  subdivision (a), paragraph (5).
(b)
				  The Commission is under the direct control and supervision of the Secretary and
				  it is operated as a program under the Agency.
(c) The Commission shall serve as an advisory
				  board.
(d) The Commission shall
				  operate and conduct its business pursuant to its statutory purpose, which shall
				  include advising the California Department of Transportation and regional
				  transportation agencies, as defined in Streets and Highways Code section
				  143,
				  in developing transportation projects through performance-based infrastructure
				  projects, otherwise called public-private partnerships.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 1 - Establishment and Definitions › Section 7702 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Agency"
				  means the Business, Transportation and Housing Agency.
(b) "Commission" means the Public
				  Infrastructure Advisory Commission.
(c) "Member or commissioner" means a person
				  appointed by the Secretary to serve on the Commission.
(d) "Secretary" means the Secretary of
				  Business, Transportation and Housing Agency.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 2 - Structure, Procedure and Conduct of Business of the Public Infrastructure Advisory Commission › Section 7703 - Commission Membership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Members of
				  the Commission shall be appointed by the Secretary and shall hold office at the
				  pleasure of the Secretary.
(b) The
				  Commission may organize itself into committees.
(c) The Commission may use staff and
				  consultants to carry out its functions. Staff work may also be provided by the
				  Agency or personnel from state departments or programs within the
				  Agency.
1. New
					 article 2 (sections
					 7703-7711) and section filed
					 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 12-21-2009 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 2 - Structure, Procedure and Conduct of Business of the Public Infrastructure Advisory Commission › Section 7704 - Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Regular
				  meetings of the Commission shall be held at least four times annually. Notice
				  of all regular meetings of the Commission and an agenda of such meetings
				  enumerating the items to be considered at the meeting shall be mailed to each
				  commissioner ten days before the day on which the regular meeting of the
				  Commission is scheduled. The agenda shall include the items of business to be
				  transacted, and no item shall be added to the agenda unless the conditions
				  described in Government Code section
				  11125.3,
				  subdivision (a) arise. Notice of such additional items shall be given in the
				  manner described in Government Code section
				  11125.3,
				  subdivision (b). A person may request and be provided notice for all meetings
				  of the commission or may limit his request to notice for a specific meeting or
				  meetings in accordance with Government Code section
				  11125,
				  subdivision (d).
(b) All meetings
				  of the Commission, with the exception of executive sessions permitted under
				  Government Code section
				  11126, are
				  open meetings properly announced in accordance with the provisions of the
				  Bagley-Keene Open Meeting Act (commencing with Government Code section
				  11120).
(c) A quorum at all meetings of the
				  Commission shall consist of a majority of the voting members of the whole
				  Commission.
(d) The act of a
				  majority of a quorum shall be the act of the Commission.
(e) Commission meetings, where possible, are
				  recorded electronically. Otherwise, the Commission shall keep accurate minutes
				  of all meetings and make them available to the public. The original copy of the
				  minutes is that signed by the Chair and is the evidence of taking any action at
				  a meeting. Any resolutions that may be adopted at a meeting shall be entered in
				  the text of the minutes by reference.
(f) Commission meetings, when appropriate,
				  may be held in accordance with Government Code Section
				  11123.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code; and Sections
						11123 and
						11125.3,
						Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 2 - Structure, Procedure and Conduct of Business of the Public Infrastructure Advisory Commission › Section 7705 - Special and Emergency Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In accordance with the Bagley-Keene Open Meeting Act,
					 special and emergency meetings shall be conducted as follows:
(a) Special meetings of the Commission may be
				  called at any time by the chair or by a majority of the Commission. In the
				  event such special meeting is called, notice will be sent to those who have
				  requested such notice and in accordance with Government Code section
				  11125.4.
(b) Emergency meetings of the Commission may
				  be called at any time by the chair or a majority of the Commission when such
				  meeting is necessary to discuss an unforeseen emergency condition.
				  Determination of the emergency and meeting notices shall be conducted in
				  accordance with Government Code section
				  11125.5.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code; and Sections
						11125.4
						and
						11125.5,
						Government Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 2 - Structure, Procedure and Conduct of Business of the Public Infrastructure Advisory Commission › Section 7706 - Committees and Committee Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commission may organize itself into committees.
(b) After consulting with members of the
				  Commission, the chair of the Commission shall appoint the members of the
				  committees of the Commission, subject to the approval of the Secretary.
				  Committees shall be composed of no more than four members. Two members shall
				  constitute a quorum. Majority vote of the committee and at least two votes
				  shall be required for committee action.
(c) Should a committee lack a quorum, the
				  Commission chair shall appoint temporary committee members to establish a
				  quorum. If the Commission chair is not available, the committee chair may
				  appoint temporary committee members. In the absence of either the Commission
				  chair or committee chair, the committee member present may appoint temporary
				  members. The Commission chair shall not serve on any of the committees except
				  in an ex-officio capacity. Each committee shall elect one of its members, on an
				  annual basis, as the committee chair who shall preside at all committee
				  meetings. In the absence of the elected chair, the committee members present
				  shall select a temporary chair.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 2 - Structure, Procedure and Conduct of Business of the Public Infrastructure Advisory Commission › Section 7707 - Chair

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Secretary shall serve as the initial Chair of the Commission. As the interim
				  Chair, the Secretary may designate an interim Vice-Chair from the members of
				  the Commission.
(b) As interim
				  Chair, the Secretary shall preside over all Commission meetings and, at a time
				  deemed appropriate by the Secretary, set a meeting of the Commission at which
				  time the members of the Commission shall elect a Chair and Vice-Chair from
				  their number who shall not be the Secretary, subject to the approval of the
				  Secretary.
(c) After the first
				  election of a Chair, each year at a meeting determined by the Commission, the
				  members of the Commission shall elect a new Chair from their number, subject to
				  the approval of the Secretary. The Chair so elected shall serve in that
				  capacity for the year commencing March 1 next following provided that no Chair
				  of the Commission so elected shall serve as Chair for successive
				  terms.
(d) Subject to the
				  supervision of the Secretary, the Chair shall preside over all Commission
				  meetings. The Chair shall sign and countersign, or authorize another Commission
				  member to sign or countersign all certificates, contracts, and other
				  instruments of the Commission. The Chair shall also report to the Commission
				  and the Secretary and shall perform all such other duties as are incident to
				  discharge the duties of the Chair or properly required by the
				  Commission.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 2 - Structure, Procedure and Conduct of Business of the Public Infrastructure Advisory Commission › Section 7708 - Vice-Chair

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each year
				  at the same meeting that a Chair is elected, the members of the Commission
				  shall elect a Vice-chair from their number, subject to the approval of the
				  Secretary. The Vice-chair thus elected shall serve in that capacity for the
				  same year during which the Chair elected shall serve, and the Vice-chair so
				  elected shall preside in the absence of the Chair. The Vice-chair may, at the
				  request of the Chair, preside at a meeting notwithstanding that the Chair is
				  present at that meeting.
(b) In
				  absence of the Chair or in the event of death, disability, refusal or inability
				  to act, the Vice-Chair shall perform the duties of the Chair and when so acting
				  shall have all the powers and be subject to all the restrictions of the Chair.
				  The Vice-Chair shall also have those powers and discharge those duties as may
				  be assigned from time to time by the Commission or the Secretary.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 2 - Structure, Procedure and Conduct of Business of the Public Infrastructure Advisory Commission › Section 7709 - Absence of Chair and Vice Chair

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event of the absence of both the Chair and the
					 Vice-chair from any meeting, the members of the Commission present shall elect
					 a Chair from their number to preside at that meeting.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 2 - Structure, Procedure and Conduct of Business of the Public Infrastructure Advisory Commission › Section 7710 - Absence of Commissioners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The voting members of the Commission must notify the
					 Commission Chair when they will be prevented from attending a duly noticed
					 Commission meeting or committees of which they are a member and the reasons
					 therefore. Should commissioners absent themselves from all regularly noticed
					 meetings of the Commission or committee meetings for 90 days consecutively from
					 the last attended meeting, without prior notification of a justifiable reason
					 or without permission of the Chair, the Commission shall describe the facts and
					 circumstances in its minutes or by special resolution and forward said minutes
					 or special resolution to the Secretary or the Agency.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Government Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 7 - Public Infrastructure Advisory Commission › Article 2 - Structure, Procedure and Conduct of Business of the Public Infrastructure Advisory Commission › Section 7711 - Ethics, Economic Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Commissioners, as members or as a group, will not accept gifts and gratuities
				  for social purposes. These may include but are not limited to beverages, meals,
				  hosted functions, tickets to athletic or sporting events, entertainment, or
				  theatrical performances, trips or excursions.
(b) Each Commission member shall file with
				  the Agency a Statement of Economic Interest (Form 700) pursuant to an
				  appropriate disclosure category consistent with the Agency Conflict of Interest
				  Code in Title 21, California Code of Regulations, section
				  7000.
1. New
					 section filed 6-22-2009 as an emergency; operative 6-22-2009 (Register 2009,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2009
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 6-22-2009 order transmitted
					 to OAL 8-18-2009 and filed 9-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						143,
						Streets and Highways Code. Government Code. Reference: Section
						143,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Section 8001 - Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Regular meetings of the California Transportation Commission
				  shall be held at least four times annually. Notice of all regular meetings of
				  the commission and an agenda of such meetings enumerating the items to be
				  considered at the meeting shall be mailed to each commissioner seven days
				  before the day on which the regular meeting of the commission is scheduled. The
				  agenda shall include the items of business to be transacted, and no item shall
				  be added to the agenda unless a statement is included setting forth the
				  unforeseen emergency condition as provided in section
				  8003. Notice of such meeting shall
				  be given at least one week in advance of such meeting to any person who
				  requests such notice in writing. A person may request and be provided notice
				  for all meetings of the commission or may limit his request to notice for a
				  specific meeting or meetings. Any mailing list maintained pursuant to this rule
				  will be subject to annual correction as provided in Government Code section
				  14911.
1. New
				  division 4, chapter 1 (sections
				  8001-8010) filed 5-1-78 as an
				  emergency; effective upon filing (Register 78, No. 18). For history of former
				  Chapter 4, see Registers 76, No. 19, and 77, No. 10.
2. Repealer of
				  chapter 4 (sections
				  8001-8010) and new chapter 4
				  (sections 8001-8013) filed 8-3-78; effective
				  thirtieth day thereafter (Register 78, No. 31).
3. Editorial
				  correction amending HISTORY 1 (Register 94, No. 40).
Note: Authority cited for Chapter 4 (Sections
					 8001-8010): Sections
					 11125 and
					 14505,
					 Government Code. Reference: Sections
					 11125 and
					 14505,
					 Government Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8002 - Special and Emergency Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Special meetings of the commission may be called at any
					 time by the chairman or by a majority of the commission. In the event such
					 special meeting is called, notice will be sent to those who have requested such
					 notice as provided in section
					 8001.
Emergency meetings of the commission may be called at any
					 time by the chairman or a majority of the commission when such meeting is
					 necessary to discuss an unforeseen emergency condition as defined by section
					 8003 of this regulation. In the
					 event such emergency meeting is called, notice will be sent to those who have
					 requested such notice by such means as the secretary deems appropriate.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8002.5 - Open Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All meetings of the commission, with the exception of
					 executive sessions permitted under Government Code section
					 11126, are
					 open meetings properly announced in accordance with the provisions of article 9
					 of chapter 1 of part 1 of division 3 of title 2 of the Government Code
					 (commencing with section
					 11120).
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8003 - Emergency Condition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An unforseen emergency condition shall be defined
					 as:
(a) Any condition requiring any
				  action by the California Transportation Commission because of a disaster
				  involving the state highway system or any other activity under the jurisdiction
				  of the California Transportation Commission.
(b) Any condition requiring any action by the
				  California Transportation Commission because of the action or requirement of
				  Congress or of the Legislature of the State of California, or because of any
				  act, rule, or regulation promulgated by any public body which has an effect
				  upon the state highway system or any activity under the jurisdiction of the
				  California Transportation Commission.
(c) Any condition requiring any action by the
				  California Transportation Commission caused by any court action brought in
				  State or Federal court which has an effect upon the state highway system or any
				  activity under the jurisdiction of the California Transportation
				  Commission.
(d) Any condition
				  requiring any action by the California Transportation Commission to permit the
				  award of a contract within the time limit specified for the award of such
				  contract, or to permit the filing of a condemnation action to protect the right
				  of way of a state highway, or any action by the commission necessary to prevent
				  loss to the state or an individual.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8004 - Quorum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A quorum at all meetings of the commission shall consist of
					 a majority of the voting members of the whole commission.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8005 - Act of a Majority of a Quorum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The act of a majority of a quorum shall be the act of the
					 commission in all cases except where the unanimous vote of the commission is
					 required by law.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8006 - Unanimous Vote

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirement of the unanimous vote of the commission is
					 satisfied by the affirmative vote of all voting members at a meeting, if a
					 quorum is present.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8006.5 - Robert's Rules of Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Robert's Rules of Order, Revised, except where inconsistent
					 with expressed provisions of law or specific resolutions of the commission,
					 govern the conduct of meetings of the commission and its established
					 committees.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8007 - Chairman

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each year at a meeting determined by the commission, the
					 members of the commission shall elect a chairman from their number. The
					 chairman so elected shall serve in that capacity for the year commencing March
					 1 next following provided that no chairman of the commission so elected shall
					 serve as chairman for successive terms.
1. Amendment
					 filed 10-12-79 as procedural and organizational; effective upon filing
					 (Register 79, No. 41).
Note: Authority cited: Sections
						11125 and
						14505,
						Government Code. Reference: Sections
						11125 and
						14505,
						Government Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8008 - Vice Chairman

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each year at the same meeting that a chairman is elected,
					 the members of the commission shall elect a vice-chairman from their number.
					 The vice-chairman thus elected shall serve in that capacity for the same year
					 during which the chairman elected under section
					 8007 shall serve, and the
					 vice-chairman so elected shall preside in the absence of the chairman. The
					 vice-chairman may, at the request of the chairman, preside at a meeting
					 notwithstanding that the chairman is present at that meeting.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 1 - Procedure and Conduct of Business of the California Transportation Commission › Article 3 - Applications › Section 8009 - Absence of Chairman and Vice Chairman

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event of the absence of both the chairman and the
					 vice-chairman from any meeting, the members of the commission present shall
					 elect a chairman from their number to preside at that meeting.