reglab/statecodes huggingface dataset:
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2600 - Authority for Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These rules and regulations are issued by the State of
				  California Department of Transportation pursuant to the authority delegated by
				  California Government Code section
				  14105.
1. New chapter
				  22 (sections
				  2600-2619) and section filed
				  9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2601 - Scope of Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These rules and regulations shall be applicable in all formal
				  proceedings before the State of California Department of Transportation
				  pertaining to hearings initiated under California Government Code section
				  14105(g).
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2602 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Department is the State of California Department of Transportation.
(b) The term Director refers to the Director
				for the Department and includes the Director's authorized
				representative.
(c) The Hearing
				Officer shall be the person designated by the Director of the Department to
				preside over the debarment proceedings and to issue a recommended decision to
				the Department.
(d) The term Chief
				Counsel refers to the Chief Counsel for the Department and includes the Chief
				Counsel's authorized representative.
(e) Respondent means any individual, firm or
				entity which has been served a written notice of proposed debarment pursuant to
				California Government Code section
				14105.
(f) Debarment means an exclusion from bidding
				on a public work contract, from working on a public work contract and from
				being awarded a public work contract for a specified period of time
				commensurate with the seriousness of the offense as described in California
				Government Code section
				14105(g).
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2603 - Initiation of Debarment Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Department shall initiate a debarment proceeding by serving upon the proposed
				Respondent a written notice of proposed debarment by certified mail.
(b) The notice shall state:
(1) That debarment is being
				considered;
(2) The reasons for the
				proposed debarment;
(3) The period
				of debarment and the proposed effective date;
(4) That the debarment will not become
				effective until after a hearing if such hearing is requested within 20 days
				following receipt of the notice;
(5) That the request for a hearing is to be
				submitted in the manner prescribed by these rules and regulations.
(6) If no hearing is requested within 20 days
				following receipt of the notice, the action of the Department set forth in the
				notice shall become the final decision without further notice to the
				Respondent.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2604 - The Request for a Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A respondent may, within 20 days following receipt of a
				  written notice of proposed debarment, file a request for a hearing before a
				  hearing officer in writing. The request shall be addressed to the Director of
				  the Department and shall be accompanied by a concise statement admitting,
				  denying or explaining each of the allegations set forth in the notice of
				  proposed debarment. The request shall be delivered by certified mail. A
				  respondent may also include any documentary evidence in support of the position
				  taken in the request for a hearing. A respondent shall submit four copies of
				  all documentary evidence provided.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2605 - Order Relative to Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Hearing
				Officer shall issue an order granting the Respondent's request for a hearing,
				establishing the time and place thereof, and advising the Respondent of the
				consequences of a failure to appear at the hearing.
(b) The notice of proposed debarment and
				request for a hearing together with the reply, if any, shall become the
				pleadings in any proceeding in which the Hearing Officer orders a hearing to be
				held.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2606 - Reply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Not more than 15 days from the receipt of the request for a
				  hearing, the Chief Counsel may submit a reply on behalf of the Director who
				  initiated the debarment proceedings.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2607 - Service and Filing Documents for the Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Department shall cause copies of all pleadings, motions, orders and other
				documents to be served promptly on other parties to the proceeding and on the
				Hearing Officer.
(b) The parties
				shall submit four copies of all documents unless otherwise ordered by the
				Hearing Officer. One copy shall be signed as the original.
(c) The parties may be ordered by the Hearing
				Officer to exchange, at the prehearing conference, or at some other time in
				advance of the hearing, all exhibits each party intends to offer at the hearing
				(other than exhibits exclusively used for impeachment or rebuttal); and may be
				ordered to index, offer and file some or all of the exhibits in advance of the
				hearing. The party offering an exhibit at the hearing shall provide sufficient
				copies so that each party, the Hearing Officer and the witness have a
				copy.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2608 - Respondent's Failure to Appear at the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Respondent shall fail to appear at the hearing, the
				  Hearing Officer shall receive the Director's evidence and render a recommended
				  decision to the Department.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2609 - Amendment of Pleadings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) By consent
				of the parties a pleading may be amended at any time. Also, a party may move to
				amend a pleading at any time prior to the close of the hearing, provided that
				the amendment is reasonably within the scope of the proceeding.
(b) The Hearing Officer may, upon reasonable
				notice, permit service of a supplemental pleading setting forth transactions,
				occurrences, or events which have transpired since the date of the pleading
				sought to be supplemented and which are relevant to any of the issues
				involved.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2610 - Continuances and Extensions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Continuances and extensions will not be granted by the
				  Hearing Officer except for good cause shown.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2611 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings shall be at a location designated by the Hearing
				  Officer.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2612 - Appearances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Respondent may appear and be heard in person or by attorney.
(b) An attorney may represent the
				Department.
(c) When a Respondent
				is represented by an attorney, all pleadings and other papers subsequent to the
				notice of proposed debarment shall be mailed to the attorney.
(d) All counsel shall promptly file notices
				of appearance. Changes of Respondent's counsel shall be recorded by notices
				from retiring and succeeding counsel and from the Respondent.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2613 - Conduct of the Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Hearing Officer shall have authority to:
(a) Administer oaths and
				affirmations;
(b) Examine
				witnesses;
(c) Rule upon offers of
				proof, admissibility of evidence, and matters of procedure;
(d) Order any pleading amended upon motion of
				a party at any time prior to the close of the hearing;
(e) Maintain discipline and decorum and
				exclude from the hearing any person acting in an indecorous manner;
(f) Require the filing of briefs or
				memorandum of law on any matter upon which the Hearing Officer is required to
				rule;
(g) Order prehearing
				conferences for the purpose of the settlement or simplification of issues by
				the parties;
(h) Order the
				proceeding reopened at any time prior to his or her recommended decision for
				the receipt of additional evidence;
(i) Render a final recommended decision to
				the Department;
(j) Take any
				further action as may be necessary to properly preside over the debarment
				proceeding and render a recommended decision therein.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2614 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Oral
				testimony shall be taken only on oath or affirmation.
(b) All parties shall have these rights: to
				present evidence relevant to the issues; to cross examine opposing witnesses on
				any matter relevant to the issues even though the matter was not covered in the
				direct examination; to impeach any witness regardless of which party first
				called the witness to testify; and to rebut the evidence against the party. Any
				party, or person identified with such party, may be called and examined as if
				under cross-examination by any adverse party.
(c) The hearing need not be conducted
				according to technical rules relating to evidence and witnesses. Any relevant
				evidence, including hearsay, shall be admitted if it is the sort of evidence on
				which responsible persons are accustomed to rely in the conduct of serious
				affairs, regardless of the existence of any common law or statutory rule which
				might make improper the admission of such evidence over objection in civil
				actions, provided however, hearsay evidence even though not objected to shall
				not be sufficient in itself to support a finding unless it would be admissible
				over objection in civil actions. However, evidence shall be subject to the
				exclusions of California Evidence Code Sections
				1151,
				1152, and
				1154. The
				rules of privilege shall be effective to the same extent that they are now or
				hereafter may be recognized in civil actions and irrelevant and unduly
				repetitious evidence shall be excluded.
(d) The following additional exception to the
				"best evidence" rule (Evidence Code Section
				1500)
				applies: A duplicate is admissible to the same extent as the original unless:
(1) A genuine question is raised as to the
				authenticity of the original, or
(2) In the circumstances it would be unfair
				to admit the duplicate in lieu of the original. "Duplicate" as used here means
				a counterpart or facsimile copy of the original produced by the same impression
				or from the same matrix as the original or by some technique of accurate
				reproduction.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2615 - Witness Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department does not pay fees and expenses for
				  Respondent's witnesses.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2616 - Transcript

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearing shall be stenographically reported by a reporting
				  officer hired by the Department under the supervision of the Hearing
				  Officer.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2617 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall issue a final written decision by
				  certified mail. Such decision shall include a summary of the evidence,
				  findings, conclusions and reasons underlying the decision.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2618 - Computation of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A designated period of time under the rules in this chapter
				  excludes the day the period begins, and includes the last day of the period
				  unless the last day is a Saturday, Sunday, or legal holiday, in which event the
				  period runs until the close of business on the next business day.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 22 - Contractor Debarment › Section 2619 - Official Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The transcript of testimony together with all pleadings,
				  orders, decision, exhibits, briefs, and other documents filed in the
				  proceedings shall constitute the official record of the proceedings.
1. New section
				  filed 9-9-2005; operative 10-9-2005 (Register 2005, No. 36).
Note: Authority cited: Section
					 14105,
					 Government Code. Reference: Section
					 14105,
					 Government Code; and Section
					 1101,
					 Public Contract Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 1 - Introduction › Section 2620 - Scope of the Adopt-A-Highway Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  California Department of Transportation (Caltrans) Adopt-A-Highway Program
				  (Program) exists to provide the public with an avenue to donate services for
				  maintenance and beautification activities on sections of roadside within
				  California's State Highway System.
(1) Neither
				  the Program nor its courtesy signs are intended to provide a forum for
				  advertisement, solicitation, or public discourse.
(2) Adoptions are intended to reduce, not add
				  to, the Caltrans maintenance work load.
(3) Adoption types include litter removal,
				  supplemental litter removal, graffiti removal, vegetation control, tree and
				  shrub planting, wildflower planting, and spot wildflower planting.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 3 - Eligibility › Section 2622 - Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Individuals, businesses, agencies, or organizations may participate.
(1) Eligibility shall not be denied on the
				  basis of race, sex, color, religion, national or ethnic origin, age, political
				  affiliation, ancestry, marital status, sexual orientation, disability, or
				  medical condition (unless the disability or medical condition would affect the
				  participant's or public's safety).
(2) Program participants must be 16 or
				  older.
(3) The adopter's primary
				  and alternate contacts must be 21 or older. The primary contact for sororities,
				  fraternities, and other student organizations must be a faculty member of the
				  organization's school.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 4 - Adoption Types › Section 2623 - Adoption Types

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The name of
				  an adoption type reflects the primary maintenance or beautification activity to
				  be performed. Caltrans may modify an adoption type, add an adoption type, or
				  discontinue an adoption type.
(b)
				  Adoption types include:
(1) Litter Removal:
				  Removing litter several times per year as determined by Caltrans.
(A) A litter removal adoption site is
				  approximately two miles long. If the site is located on a conventional highway
				  (a highway with cross streets), both sides of the highway are adopted. If the
				  site is located on a freeway or expressway, one or both sides of the freeway or
				  expressway may be adopted.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 4 - Adoption Types › Section 2624 - Materials and Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Instructions for preparing plans and schedules, as defined in Section
				  2621(r), are made
				  available to vegetation control and planting adopters during the Permit
				  Application process. In order to be approved by a district landscape
				  specialist, an applicant's plan(s) and work schedule must contain items
				  described in the instructional handouts.
(b) Supplies are distributed, or arrangements
				  made for their distribution, at the adopter's safety orientation.
(1) Caltrans provides safety gear, litter
				  pickers, and litter bags to the volunteer group leader.
(2) Caltrans provides litter bags to the
				  contractor.
(3) Safety gear, litter
				  pickers, and litter bags are replenished throughout the Permit
				  period.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 5 - Establishing Adoption Sites › Section 2625 - Site Reviews

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose
				  of a site review is to classify an area as "adoptable" or "not adoptable." If
				  the site is classified as adoptable, information obtained during the site
				  review, such as safe site access, location of work, appropriate work methods,
				  and work frequency are included in the adopter's Permit package.
(b) The safety of participants while on the
				  highway right-of-way is of primary concern to Caltrans therefore, sites are
				  reviewed on an ongoing basis. Site reviews may be conducted any time a question
				  arises regarding the site's safety, however, site reviews are required:
(1) When a new site is designated.
(2) When an existing site is
				  realigned.
(3) Following
				  construction at a site.
(4) Prior
				  to processing a Permit Application if the site review on file is older than two
				  years.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 5 - Establishing Adoption Sites › Section 2626 - Site Review Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Factors
				  taken into consideration when sites are reviewed include:
(1) Site access.
(A) There must be safe access for a
				  participant to enter, exit, and work along the site.
(B) If motorized equipment is used, there
				  must be safe access for the equipment to enter, exit, and operate along the
				  site.
(C) Except for city streets,
				  if a stationary vehicle or other equipment is needed to accomplish an adoption
				  task, there must be adequate parking space available off of paved shoulders and
				  at least six feet from the traffic lane. Paved maintenance vehicle pullouts may
				  be used.
(D) Lane and shoulder
				  closures are not permitted.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 5 - Establishing Adoption Sites › Section 2627 - Site Classification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Districts
				  are under no obligation to establish an adoption site even if the site meets
				  all site review criteria.
(b) Sites
				  classified as not adoptable require a primary reason for the classification to
				  be stated.
(c) Site classification
				  may be changed when conditions at the site change or when site review criteria
				  change.
1. New
					 section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code
					 section
					 11343.4
					 (Register 2010, No. 4).
Note: Authority cited: Section
						91.5,
						Streets and Highways Code. Reference: Sections
						91.5
						and
						92,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 6 - Courtesy Signs › Section 2628 - Purpose of Courtesy Signs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Caltrans
				  may recognize contributions made through the Program by displaying the
				  adopter's name on a courtesy sign's recognition panel. Although there is
				  advertising value inherent in a courtesy sign, it is not intended to be an
				  advertising medium. A courtesy sign's sole purpose is to identify the adopter,
				  not to advertise the adopter's services, products, or location.
1. New
					 article 6 (sections
					 2628-2631) and section filed
					 1-21-2010; operative 1-21-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 4).
Note: Authority cited: Section
						91.5,
						Streets and Highways Code. Reference: Sections
						91.5
						and
						92,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 6 - Courtesy Signs › Section 2629 - Location, Installation, and Cost of Courtesy Signs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) One
				  courtesy sign is placed near the beginning of each direction of an adoption
				  site on the right shoulder of the highway.
(1)
				  The size of a courtesy sign is determined by its location.
(2) The exact placement of a courtesy sign is
				  determined by each district's Division of Traffic Operations.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 6 - Courtesy Signs › Section 2630 - Recognition Panels

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Types of
				  recognition panels:
(1) Standard recognition
				  panel: Caltrans provides a standard recognition panel at no cost to the
				  adopter. A standard recognition panel displays the adopter's name in black
				  lettering, using a standard highway font.
(2) Standard recognition panel with logo: The
				  logo of an organization or business can be added to a standard recognition
				  panel. (A recognition panel for an individual may not display a logo.) The
				  adopter must purchase the logo and then deliver it to Caltrans. The logo must
				  have adhesive backing. There is no fee charged to place a logo onto a standard
				  recognition panel.
(3) Custom
				  recognition panel: If all panel elements (text and/or logo) are purchased by
				  the adopter, the panel is called a "custom" panel. Adhesive-backed elements can
				  be delivered to Caltrans, or, a completed panel can be delivered. Caltrans
				  supplies blank recognition panels at no cost to an adopter who chooses the
				  latter option. There is no fee charged for placing supplied elements onto a
				  recognition panel.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 6 - Courtesy Signs › Section 2631 - Courtesy Sign Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Caltrans
				  replaces or repairs damaged or vandalized courtesy signs and/or recognition
				  panels as needed. However, maintenance, repair, and/or replacement of a warning
				  sign or a regulatory sign has priority over repair and/or replacement of a
				  Program sign.
(1) If a custom panel must be
				  replaced, an adopter has the option to provide another custom panel or to have
				  Caltrans provide a standard recognition panel.
(2) A person caught vandalizing a courtesy
				  sign or recognition panel will be prosecuted to the full extent of the
				  law.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 7 - Participation Options › Section 2632 - Participation Options

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An adopter
				  has the option to use its own forces to perform adoption tasks or to hire a
				  contractor to perform all or a portion of the adoption tasks on its behalf. The
				  former arrangement is considered a "volunteer adoption;" the latter is
				  considered a "sponsored adoption."
(1) A
				  volunteer adopter may convert to a sponsored adoption at any time during the
				  course of an adoption.
(2) A
				  sponsor may convert to a volunteer adoption, or change contractors, at any time
				  during the course of an adoption. However, a sponsor is advised to carefully
				  examine the terms of its contract with its contractor prior to making such a
				  change.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 7 - Participation Options › Section 2633 - Shared Adoptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) One or more
				  parties may share responsibility for an adoption site. A shared adoption may be
				  a volunteer adoption or a sponsored adoption.
(b) When one party of a shared adoption no
				  longer wishes to participate, the remaining adopter has 30 calendar days to
				  notify Caltrans of the change and to select one of the following options:
(1) Take over responsibility for the entire
				  site.
(2) If the adoption site
				  covers both directions of a highway, the remaining adopter may relinquish one
				  direction and work (or sponsor) the remaining direction.
(3) If no waiting list exists, the remaining
				  adopter can try to recruit a new co-adopter.
(4) If a waiting list exists, the first
				  applicant on that list can be offered the opportunity to share the
				  adoption.
(5) Relinquish the
				  adoption.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 7 - Participation Options › Section 2634 - Relationship of Contractors, Sponsors, and Caltrans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Caltrans
				  has no authority or involvement in the contract established between a sponsor
				  and a contractor. A sponsor is responsible for obtaining and discontinuing the
				  services of a contractor.
(1) A sponsor may
				  hire one or more contractors.
(A) Each
				  contractor must submit a separate Permit Application.
(B) A contractor may not
				  subcontract.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 7 - Participation Options › Section 2635 - List of Contractors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  statewide coordinator maintains a list of licensed and insured contractors for
				  public distribution. The list indicates the adoption types a contractor is
				  licensed for and the districts where a contractor is authorized to work. A
				  contractor must be on the list in order to be issued a Permit. The list is for
				  informational purposes only and does not constitute endorsement by Caltrans or
				  any of its employees. In order to be added to the list, a contractor must:
(1) Provide proof of insurance and
				  professional licensing as required by Caltrans. Types of insurance needed,
				  minimum coverage amounts, and professional licensing requirements are set forth
				  in a handout titled, Working With Contractors (Rev. 12/08) which is
				  incorporated by reference. This document is posted on the Program Internet
				  site.
(2) Attend a meeting with the
				  district coordinator for each district where they want to offer services. The
				  statewide coordinator may also attend these meetings.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 8 - Program Application › Section 2636 - Purpose of the Program Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Program
				  Application initiates the adoption process.
(b) The Program Application is used to verify
				  that the applicant's name is compliant with naming rules set forth in Section
				  2637(b)(2) and to
				  determine whether or not the applicant meets the eligibility requirements set
				  forth in Section
				  2622.
(c) Adoption sites are offered on a
				  first-come, first-served basis based on the date that a completed Program
				  Application is received.
1. New
					 article 8 (sections
					 2636-2637) and section filed
					 1-21-2010; operative 1-21-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 4).
Note: Authority cited: Section
						91.5,
						Streets and Highways Code. Reference: Sections
						91.5
						and
						92,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 8 - Program Application › Section 2637 - Program Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
				  who wishes to participate in the Program must submit a Program Application to
				  the district coordinator. A contractor may submit a Program Application on
				  behalf of a sponsor. If two or more applicants plan to share an adoption, each
				  must submit a separate Program Application.
(1) The Program Application is available on
				  the Program Internet site, from a contractor, or from a district
				  coordinator.
(2) The Program
				  Application may be submitted by mail, facsimile transmission, or
				  electronically.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 9 - Waiting List › Section 2638 - Establishment of Waiting Lists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  district coordinator shall establish a waiting list for a site desired by more
				  than one applicant. Only a Program applicant whose eligibility has been
				  approved can be placed on a waiting list.
(1)
				  An applicant can be placed on the waiting list for multiple sites.
(2) A contractor cannot be placed on the
				  waiting list (unless the contractor intends to adopt the site as a volunteer
				  participant).
(3) An applicant
				  cannot transfer a position on the waiting list to another party.
(4) An applicant is responsible for notifying
				  the district coordinator of any change in contact information.
(5) A waiting list applicant is ranked
				  according to the date that the applicant's completed Program Application is
				  received.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 9 - Waiting List › Section 2639 - Waiting List Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a site
				  with a waiting list becomes available, a site review is ordered if the site
				  review on file is older than two years.
(1) If
				  the site is classified as not adoptable, the site's waiting list is
				  discontinued and the district coordinator notifies all applicants waiting for
				  the site.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 9 - Waiting List › Section 2640 - Displaced Adopters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An adopter
				  in good standing who has had a Permit canceled due to a change in site
				  classification or suspended due to construction is given a "displaced adopter
				  status." A displaced adopter is allowed to choose one of the following options:
(1) Allow the Permit to be canceled with no
				  further action.
(2) Be placed first
				  on the waiting list for sites within ten miles in either direction of the lost
				  site (on the same highway).
(A) If more than
				  one displaced adopter is placed on the waiting list for the same site, the
				  ranking is determined by the number of months the displaced adopter had an
				  active Permit issued for the lost site.
(B) A displaced adopter is given one offer to
				  adopt a site. If the offer is refused, the adopter forfeits its displaced
				  adopter status and all waiting list entries created as a result of its
				  displaced adopter status are deleted.
(C) Once a displaced adopter accepts an
				  alternate site, the remaining waiting list entries created as a result of its
				  displaced adopter status are deleted.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 10 - Permit Application › Section 2641 - Purpose of the Permit Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Permit
				  Application is used to apply for a Permit for a specific, available site.
(1) There is no fee charged for Program
				  Permits.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 10 - Permit Application › Section 2642 - Permit Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Permit
				  Application process begins when a Program Application is received for a vacant
				  site that does not have a waiting list or when a site with a waiting list is
				  vacated. If a newly vacated site has a waiting list, the district coordinator
				  has a maximum of ninety calendar days to issue a Permit Application for the
				  site. District coordinators will not be held to the ninety day maximum if:
(1) The site is no longer
				  adoptable.
(2) The first waiting
				  list applicant is no longer interested in participating.
(3) Where an updated Program Application is
				  necessary, the first waiting list applicant does not return the Program
				  Application by the deadline given.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 10 - Permit Application › Section 2643 - Successive Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An adopter
				  may apply for a successive Permit an unlimited number of times provided the
				  adopter or the adopter's contractor has satisfactorily met the terms of the
				  existing Permit and the site remains suitable for adoption. However, the
				  issuance of a first Permit does not set precedent. Caltrans is under no
				  obligation to grant a successive Permit.
(1)
				  If the adopter wishes to apply for a successive Permit, a notice of such intent
				  shall be submitted to the district coordinator at least 30 calendar days prior
				  to the expiration date of the Permit. The notice may be verbal or written;
				  there is no form to submit.
(2) As
				  a courtesy, the district coordinator may initiate the successive Permit process
				  by contacting the adopter or the sponsor's contractor.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 11 - Safety Orientation › Section 2644 - Purpose and Scope of a Safety Orientation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A safety
				  orientation is provided by Caltrans at a Caltrans facility to ensure that the
				  group leader or the contractor's crew leader has received notice of the
				  requirements set forth in the Permit package. Since information specific to a
				  site is discussed, a separate safety orientation must be attended for each
				  adoption site.
(b) Safety
				  orientations for volunteer adopters.
(1) Items
				  to be discussed are included on the Form MTCE-02 Adopt-A-Highway Safety
				  Orientation Checklist for Volunteers (Rev. 07/09) which is incorporated by
				  reference.
(2) A volunteer adopter
				  is issued safety training materials, safety gear, and if needed, litter pickers
				  and litter bags at the conclusion of the safety orientation.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 11 - Safety Orientation › Section 2645 - Who Must Attend a Safety Orientation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is the
				  responsibility of the volunteer group leader or the contractor's crew leader to
				  schedule the safety orientation. Contact information for the maintenance
				  supervisor who will be conducting the safety orientation is included in the
				  Permit package.
(1) Volunteer adopters: Unless
				  other arrangements are made with Caltrans, the primary contact listed on the
				  Program Application is the presumed group leader and the alternate contact is
				  the presumed alternate group leader. Both are mandated by Permit provisions to
				  attend a safety orientation for each adopted site. Other members of the
				  adopter's group may also attend.
(2) Contractors: The contractor's crew leader
				  is mandated by Permit provisions to attend a safety orientation for each of its
				  sponsor's sites.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 11 - Safety Orientation › Section 2646 - When a Safety Orientation is Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) New
				  Permits: After a new Permit is issued, but before work can begin, a documented
				  safety orientation must occur.
(b)
				  Change of leader during a Permit period: If a new group leader, alternate group
				  leader, or contractor's crew leader is designated during the Permit period, the
				  new leader must be given a safety orientation by a maintenance supervisor, not
				  by the previous leader.
(c) Change
				  of leader at the beginning of a successive Permit period: A safety orientation
				  is not required if the safety orientation form on file from the previous Permit
				  is signed by the same group leaders or contractor's crew leader designated for
				  the new Permit period. However, if either group leader or crew leader is new, a
				  new safety orientation is required.
(d) After construction resulting in a
				  Permit's suspension: If conditions at the site have changed, a new safety
				  orientation is required before the Permit's suspension is lifted.
(e) At the request of a maintenance
				  supervisor: The maintenance supervisor may request a corrective safety
				  orientation at any time during the Permit period if a volunteer adopter or
				  contractor is found to be in violation of Permit provisions.
1. New
					 section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code
					 section
					 11343.4
					 (Register 2010, No. 4).
Note: Authority cited: Section
						91.5,
						Streets and Highways Code. Reference: Sections
						91.5
						and
						92,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 12 - Permit Period and Performance Monitoring › Section 2647 - Permit Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Permit is
				  issued for five years.
(b) Permit
				  provisions are subject to modification or abrogation by Caltrans at any time.
(1) If the litter removal frequency specified
				  on the adopter's Permit is not adequate to keep the site clean, the frequency
				  may be increased. The district coordinator must notify the adopter of the
				  increase at least 90 calendar days before the change becomes mandatory. The
				  frequency may be increased only once during the adopter's Permit period and
				  that change must occur no earlier than two years from the Permit's start
				  date.
(2) If construction occurs in
				  a portion of a site, the maintenance supervisor must decide if it is safe and
				  practical for the adopter to work in the portion not under construction. If so,
				  the beginning and/or ending points of the adoption site are modified. If not,
				  the Permit is suspended.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 12 - Permit Period and Performance Monitoring › Section 2648 - Suspension of Permits Due to Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
				  adopter's Permit is suspended because the site is under construction, an
				  adopter in good standing is given two options:
(1) Give up the site and be placed on the
				  waiting list with the "displaced adopter status" as described in Section
				  2640.
(2) Decline the option to be placed on the
				  waiting list and wait until construction is completed.
California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 23 - Adopt-a-Highway Program › Article 12 - Permit Period and Performance Monitoring › Section 2649 - Performance Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Performing
				  work under a Permit constitutes acceptance by the adopter of all requirements
				  listed in the Permit package. An adopter's performance is randomly monitored by
				  the maintenance supervisor to ensure compliance with Permit provisions and to
				  determine whether or not the quality of work performed is satisfactory.
(1) Performance reviews for work quality must
				  take place within one day of the actual work performed.