California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8 - Compliance with Nonvehicular Emission Standards › Article 3 - Distributed Generation Certification Program › Section 94213 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any manufacturer whose application or certification has
						been denied, suspended, or revoked may request a hearing to review the action
						as provided herein.
(a) Hearing
					 Procedure. Except as provided for in section
					 94213(b) below,
					 any appeal pursuant to this section
					 94213 shall be conducted in
					 accordance with the Administrative Hearing Procedures for Petitions for Review
					 of Executive Officer Decisions, Title 17 California Code of Regulations,
					 Division 3. Chapter 1 Article 2, commencing with section
					 60055.1.
(b) Review by written submission.
(1) In lieu of the hearing procedure set
					 forth in (a) above, a manufacturer may request that a review of the Executive
					 Officer's decision be conducted by a hearing officer solely by written
					 submission.
(2) A 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 shall include, at a
					 minimum, the following:
(A) name of the
					 manufacturer, the name, address and telephone number of the person representing
					 the manufacturer and a statement signed by a senior officer of the manufacturer
					 warranting that the representative has full authority to bind the manufacturer
					 as to all matters regarding the appeal;
(B) copy of the Executive Order granting
					 certification and the written notification of denial;
(C) a statement of facts and 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
(D) the signature of the representative named
					 in (A) above.
(3) Upon
					 receipt of a request for review, the request shall be referred to the
					 administrative hearing office of the state board for assignment of a hearing
					 officer.
(4) Within 15 days of
					 appointment of a hearing officer:
(A) ARB
					 staff shall submit a written response to the manufacturer's submission and
					 documents in support of the Executive Officer's action no later than 10 days
					 after receipt of the manufacturer's submission;
(B) within 7 days of receipt of the ARB
					 response, the manufacturer may submit one rebuttal statement which shall be
					 limited to the issues raised in the ARB rebuttal;
(C) if the manufacturer submits a rebuttal,
					 ARB staff may, within 7 days of receipt of the manufacturer's rebuttal, submit
					 one rebuttal statement which shall be limited to the issues raised in the
					 manufacturer's rebuttal; and
(D)
					 the hearing officer shall receive all statements and documents and render a
					 written decision. The hearing officer's decision shall be mailed to the
					 manufacturer no later than 60 working days after the final deadline for
					 submission of papers.