California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 15 - Additional off-Road Vehicles and Engines Pollution Control Requirements › Article 4 - Evaporative Emissions Requirements for Spark-Ignition Marine Watercraft with Gasoline-Fueled Engines › Section 2869 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person whose application for Executive Order of
					 Certification or Component Executive Order of Certification has been denied or
					 whose certification has been suspended or revoked may request a hearing to
					 review the action. Any such request shall be made within 30 days of the date
					 the action for which review is sought becomes final. The provisions of Cal.
					 Code Regs., tit. 17, apply to these filings.
(a)
Hearing Procedure.
Except as provided for in subsection (b) below, any appeal pursuant to this
				  section must be conducted in accordance with the Administrative Hearing
				  Procedures for Petitions for Review of Executive Officer Decisions, commencing
				  with Cal. Code Regs., tit. 17, §
										60055.1.
(b)
Review by Written
				  Submission.
(1) In lieu of the
				  hearing procedure set forth in (a) above, an evaporative system builder or
				  component manufacturer may request that a review of the Executive Officer's
				  decision be conducted by a hearing officer solely by written
				  submission.
(2) An evaporative
				  system builder or component manufacturer may request a review of the Executive
				  Officer's decision to deny, suspend, or revoke a certification no later than 20
				  days from the date of issuance of the notice of the denial, suspension, or
				  revocation. Such request must include, at a minimum, the following:
(A) Name of the evaporative system builder or
				  component manufacturer, the name, address and telephone number of the person
				  representing the evaporative system builder or component manufacturer;
				  and
(B) A statement signed by a
				  responsible representative of the evaporative system builder or component
				  manufacturer warranting that the responsible representative has full authority
				  to bind the evaporative system builder or component manufacturer as to all
				  matters regarding the appeal; and
(C) Copy of the Executive Order of
				  Certification or Component Executive Order of Certification granting
				  certification and the written notification of denial; and
(D) A statement of facts and an explanation
				  of the issues to be raised setting forth the basis for challenging the denial,
				  suspension, or revocation (conclusory allegations will not suffice) together
				  with all documents relevant to those issues; and
(E) The signature of the representative named
				  in subsection (A).
(3)
				  Upon receipt of a request for review, the request shall be referred to the ARB
				  administrative hearing office for assignment of a hearing officer.
(4) Within 15 days of appointment of a
				  hearing officer, ARB staff must submit a written response to the evaporative
				  system builder's or component manufacturer's submission and, no later than 10
				  days after the receipt of the evaporative system builder or component
				  manufacturer's submission, provide documents in support of the Executive
				  Officer's action to deny, suspend, or revoke a certification.
(5) Within seven days of receipt of the ARB
				  response, the evaporative system builder or component manufacturer may submit
				  one rebuttal statement, which must be limited to the issues raised in the ARB
				  rebuttal.
(6) If the evaporative
				  system builder or component manufacturer submits a rebuttal, ARB staff may,
				  within seven days of receipt of the evaporative system builder's or component
				  manufacturer's rebuttal, submit one rebuttal statement which must be limited to
				  the issues raised in the evaporative system builder's or component
				  manufacturer's rebuttal.