reglab/statecodes huggingface dataset:
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 8009.5 - Absence of Commissioners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The voting members of the Commission must notify the
					 Executive Secretary or Commission Chairman when they will be prevented from
					 attending a duly noticed Commission meeting or Committees of which they are a
					 member and the reasons therefor. Should Commissioners absent themselves from
					 all regularly noticed meetings of the full 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 chairman, the
					 Commission shall describe the facts and circumstances in its minutes or by
					 special resolution and forward said minutes or special resolution to the Office
					 of the Governor for appropriate action.
1. New
					 section filed 10-12-79 as procedural and organizational; effective upon filing
					 (Register 79, No. 41)
Note: Authority cited: Sections
						11125 and
						14500-
						14515,
						Government Code. Reference: Sections
						11125 and
						14500-
						14515,
						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 8010 - Gratuities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Commissioners, as members or as a group, will not accept
					 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. This rule will
					 not preclude the acceptance of gratuities incidental to meetings with public or
					 other officials on commission business, for inspection/education purposes, or
					 similar purposes.
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 8011 - Recordings of Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Commission meetings, where possible, are recorded
					 electronically, and the recordings are available for replaying at the
					 commission's headquarters.
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 8012 - Minutes of Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 executive secretary and is the evidence of taking any action at a
					 meeting. All resolutions adopted at a meeting shall be entered in the text of
					 the minutes by reference.
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 8013 - Procedural Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Procedural rules may be amended at any meeting by majority
					 vote of the members of the commission, provided that such proposed amendment
					 has been read into the minutes of the previous meeting of the
					 commission.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8110 - Authority and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations set forth the guidelines of the California
				  Transportation Commission ("the Commission"), for the annual preparation and
				  adoption of the five-year State Transportation Improvement Program (STIP),
				  which presents the State's program for transportation. Section
				  14532 of
				  the Government Code requires the commission to establish these guidelines in
				  cooperation with the Department of Transportation ("the Department"), Regional
				  Transportation Planning Agencies ("RTPAs"), and the county transportation
				  commissions established by Section
				  130050
				  of the Public Utilities Code.
1. New
				  Subchapter 2 (Sections
				  8110-8121) filed 9-28-78;
				  effective thirtieth day thereafter (Register 78, No. 39).
2.
				  Repealer of Subchapter 2 (Sections
				  8110-8121) and new Subchapter 2
				  (Sections 8110-8119) filed 6-3-81; effective
				  thirtieth day thereafter (Register 81, No. 23). For prior history, see
				  Registers 80, No. 21, and 79, No. 52.
Note: Authority cited and Reference: Section
					 14532,
					 Government Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8111 - Review, Adoption, and Appeal Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The annual STIP process runs from October to September and
				  requires the preparation of these major documents:
(a) Not later than October 1, the Department,
				using the Commission's methodology, submits a proposed estimate of the funds
				that will be available for programming in the STIP. Not later than November 1,
				the Commission issues its adopted version of the fund estimate to RTPAs, county
				transportation commissions, and the Department. Guidelines for preparation of
				the fund estimate are set out in Section
				8112.
(b) Not later than December 1, the Department
				submits its proposed STIP (PSTIP) to the Commission, to all RTPAs, and to the
				county transportation commissions. Section
				8113 contains the guidelines for
				preparation of the PSTIP.
(c) Not
				later than April 1, RTPAs representing urbanized areas of 50,000 or more in
				population prepare and submit regional transportation improvement programs
				(RTIPs) for their geographic areas. Rural RTPAs do not submit RTIPs, but may,
				by April 1, submit comments and suggested revisions concerning programs and
				projects in their areas. Section
				8114 of these guidelines deals
				with the preparation of RTIPs and rural comments.
(d) By May 15, the Department submits a
				report which compares the previous year's adopted STIP with the PSTIP, RTIPs,
				and rural comments. This report and the other STIP-related reporting
				responsibilities of the Department are dealt with in Section
				8115.
(e) Not later than July 1, the Commission,
				after public hearings and a review of the PSTIP and RTIPs, adopts the official
				STIP and submits it to the Governor and the Legislature. Section
				8116 covers the Commission's
				procedures for reviewing Department and RTPA recommendations and adopting the
				STIP.
(f) The RTPAs, county
				transportation commissions, and the Department may appeal specific
				transportation projects included or excluded from the adopted STIP in writing
				by August 1. The Commission must hold a public hearing on these appeals by
				August 15 and act on the appeals by September 1. Guidelines for the appeals
				process are included in Section
				8117.
Note: Authority cited: Section
					 14532,
					 Government Code. Reference: Sections
					 14522,
					 14524-
					 14534,
					 65080,
					 65080.5
					 and
					 65082,
					 Government Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8112 - Commission Estimates of Available Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission, in consultation with the Department, RTPAs,
				  and the county transportation commissions will adopt a methodology for
				  estimating funds that will be available for the five-year STIP.
(a) Using the Commission's adopted
				methodology, the Department will develop and submit to the Commission by
				October 1 of each year recommended annual and five-year estimates of all
				Federal and State funds available for transportation purposes, not including
				Federal discretionary grants or funds.
The Department will also use the methodology to estimate the
				  amount of these funds reasonably expected to be available to each RTPA for
				  highways, public mass transit guideways, and aeronautics projects to be funded
				  through the Acquisition and Development (A & D) Program.
(b) In addition to the estimates required by
				Subsection (a), the fund estimate will include this information:
(1) The minimum statewide expenditure level
				for rehabilitation projects in the STIP allowed by the Commission's
				methodology;
(2) The revenue, for
				each year and fund type, in excess of the amount needed to fund the projects in
				the adopted STIP, after the project costs have been adjusted for new estimates
				of inflation and delivery dates;
(3) The division of these excess revenues,
				undifferentiated by fund type and year, to the north and south county groups
				that will achieve the allocation of State Highway Funds required by Section
				188
				of the Streets and Highways Code;
(4) The threshold between major and minor
				projects. Major projects will be all projects whose estimated costs (excluding
				right-of-way and engineering costs), as measured in escalated dollars, exceed
				the threshold.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8113 - Proposed State TIP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall submit a proposed State TIP (PSTIP) to
				  the Commission, all RTPAs, and the county transportation commissions not later
				  than December 1 of each year.
(a) The
				PSTIP shall be consistent with the fund estimate adopted by the Commission:
(1) Statewide expenditures by fund type in
				the PSTIP shall not exceed, and should equal, the estimate of revenues by fund
				type adopted by the Commission;
(2)
				The PSTIP shall conform to the distribution of funds to the northern and
				southern counties specified in the adopted fund estimate;
(3) The rehabilitation program the Department
				recommends in its PSTIP does not have to be consistent with the minimum
				rehabilitation level required for the fund estimate by Section
				8112 (b)(1).
				However, the Department must explain in the PSTIP its reasons for proposing a
				different level than the one included in the fund estimate.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8114 - Regional TIPs (RTIPs) and Rural Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				authorized by Section
				65080(b)
				of the Government Code, transportation planning agencies and county
				transportation commissions representing urbanized areas of 50,000 or more in
				population shall prepare and adopt Regional Transportation Improvement Programs
				(RTIPs).
(1) When preparing RTIPs, RTPAs shall
				consider the Commission's adopted STIP; the Department's PSTIP; the adopted
				Regional Transportation Plan; the transportation plans of cities, counties,
				special districts, private organizations, and State and Federal agencies within
				the regions; the applicable State Implementation Plan for air quality; and the
				availability of local matching funds to complete projects in proposed
				years.
(2) The RTIP shall be
				consistent with the Regional Transportation Plan (RTP), shall be developed from
				short-range programming in the Action Element of the RTP, and shall contain
				findings and substantiation of such consistency.
(3) The RTIP shall contain the required
				transportation programs and projects for the entire geographic area covered by
				the RTPA.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8115 - Project Status Report and Comparison Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As part of
				the annual STIP process, by February 1 of each year, the Department shall
				report to the Commission, RTPAs, and county transportation commissions on the
				status of major projects that are either in the adopted STIP or are candidates
				for inclusion in future STIPs.
(1) The
				Commission shall submit a list of no more than 40 projects to be included in
				the report to the Department by November 1. When selecting projects, the
				Commission shall consult with the RTPAs, county transportation commissions, and
				the Department.
(2) The report
				shall identify the expected date of completion of each project, its expected
				cost, and the work the Department has completed on it.
(3) The Department shall identify all
				significant projects that will not be finished by their delivery date in the
				adopted STIP and briefly explain the reasons for the delay.
(4) The Commission shall solicit testimony on
				the report from its staff, the RTPAs, county transportation commissions, and
				the Department prior to April 1.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8116 - Commission Review and STIP Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Commission, or one of its committees, will meet with nonmetropolitan RTPAs for
				presentation of rural recommendations on the programming of funds. These
				meetings will be held between December 1 and June 1 of each programming
				cycle.
(b) Prior to adopting the
				STIP, the Commission shall hold public hearings and accept oral and written
				testimony from the public on all RTIPs and the PSTIP. The hearings shall be
				publicized through the local news media.
(c) The Commission shall identify by June 1
				the major criteria it will emphasize when evaluating the PSTIP and the RTIPs
				during the STIP adoption process.
(d) In the adoption of the STIP the
				Commission may deviate from an RTIP based on the finding that there is one or
				more of the following:
(1) There is an
				overriding statewide interest. In making such a finding, the Commission may
				consider, but is not limited to, the following areas in which the State has
				concerns:
(A) interregional
				transportation;
(B) air
				quality;
(C) energy consumption and
				efficiency;
(D) effects of
				transportation on urban development patterns;
(E) protection of areas of critical statewide
				interest;
(F) maintenance and more
				efficient use of existing public investments;
(G) better transportation for the elderly,
				handicapped, and those with low incomes;
(H) wider opportunities for alternative modes
				and new types of public transport;
(I) conformance with State Urban
				Strategy;
(J) financial feasibility
				of the project;
(K) effects of
				projects on State and regional economic development; and
(L) statutory constraints on the
				program.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8118 - Project Listings Content, Priority Rankings, and Submission of Project Differences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The PSTIP, RTIPs, and STIP shall contain a listing of
				  projects for the five-year period including the immediately upcoming fiscal
				  year and the following four years.
(a)
				Project Listings. The PSTIP, the RTIPs, and the adopted STIP shall contain a
				geographic listing of major and minor projects (as defined in Section
				8112(b)(4)).
(1) The Executive Director shall specify the
				format of the listings for projects on the State highway system, mass transit
				projects, and aeronautics projects.
(2) Project information shall be transmitted
				to the Commission in a standardized fashion, as specified by the Executive
				Director. Whenever possible, this transmittal will take advantage of automated
				data processing capabilities available to the Department and/or the
				Commission.
(3) Standardized
				project description forms shall be completed by RTPAs and the Department for
				all eligible aeronautics projects submitted for inclusion in the adopted STIP.
				The standardized form to be used in this process shall be developed by the
				Department and distributed to all RTPAs by the Commission. Failure to complete
				this form shall be grounds for excluding a project from the adopted
				STIP.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 2 - Guidelines for the Preparation of the State and Regional Transportation Programs › Section 8119 - Subprogram Designations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following subprogram categories shall be used for project
				  identification and grouping of minor projects:
(a) State Highway System Projects
(1) Rehabilitation
(A) Land, Buildings, and Facilities
				Improvements
(B) Bridge
				Reconstruction
(C) Roadway
				Reconstruction and Restoration
(D)
				Major Damage Restoration
(E)
				Highway Planting Restoration
(F)
				Safety Roadside Rest Area Restoration
(G) Protective Betterments
(H) Disaster Restoration
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 4 - Allocation of Funds for Intermodal Interface Projects › Article 1 - Purpose › Section 8200 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To establish guidelines for the allocation of funds from
					 the Transportation Planning and Development Account by the California
					 Transportation Commission for intermodal interface projects.
1. New
					 Subchapter 4 (Sections
					 8200-8207) filed 5-16-80 as an
					 emergency; effective upon filing (Register 80, No. 20). A Certificate of
					 Compliance must be transmitted to OAH within 120 days or emergency language
					 will be repealed on 9-14-80.
2. Certificate of Compliance filed
					 8-20-80 (Register 80, No. 34).
Note: Authority cited: Section
						14532,
						Government Code. Reference: Sections
						62,
						63,
						64 and
						71 of Chapter 161, 1979 Statutes;
						Section 30 of Chapter 1002, 1979 Statutes;
						Section
						99319,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 4 - Allocation of Funds for Intermodal Interface Projects › Article 2 - Definitions › Section 8201 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When used in this subchapter, the following terms have the
					 following meaning:
(a) Commission. The
				  California Transportation Commission.
(b) Department. The Department of
				  Transportation.
(c) Eligible Costs.
				  Includes costs of project planning, property and equipment acquisition, design,
				  and facility construction.
(d)
				  Eligible Public Agency. Includes, but is not limited to, public transit
				  agencies and authorities, agencies and departments of the state, cities and
				  counties.
Note: Authority cited: Section
						14532,
						Government Code. Reference: Sections
						62,
						63,
						64 and
						71 of Chapter 161, 1979 Statutes;
						Section 30 of Chapter 1002, 1979 Statutes;
						Section
						99319,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 4 - Allocation of Funds for Intermodal Interface Projects › Article 3 - Eligible Projects and Fund Usage › Section 8202 - Eligible Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only projects listed in the current annual report of the
					 department prepared pursuant to Section
					 99319
					 of the Public Utilities Code are eligible for matching funds under this
					 subchapter.
Note: Authority cited: Section
						14532,
						Government Code. Reference: Sections
						62,
						63,
						64 and
						71 of Chapter 161, 1979 Statutes;
						Section 30 of Chapter 1002, 1979 Statutes;
						Section
						99319,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 4 - Allocation of Funds for Intermodal Interface Projects › Article 3 - Eligible Projects and Fund Usage › Section 8203 - Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No funding shall be made available for projects serving
					 primarily patrons of one mode of transportation such as bus shelters, parking
					 lots, and bus turnarounds which could be constructed with funds available
					 pursuant to Section
					 99268.7
					 of the Public Utilities Code.
1.
					 Certificate of Compliance including amendment filed 8-20-80 (Register 80, No.
					 34).
Note: Authority cited: Section
						14532,
						Government Code. Reference: Sections
						62,
						63,
						64 and
						71 of Chapter 161, 1979 Statutes;
						Section 30 of Chapter 1002, 1979 Statutes;
						Section
						99319,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 4 - Allocation of Funds for Intermodal Interface Projects › Article 3 - Eligible Projects and Fund Usage › Section 8204 - Fund Usage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Funds may be used for eligible costs of new construction,
					 or to modify existing facilities. While only eligible public agencies may
					 submit an application, such agencies may contract with private entities, for
					 services required in the development or operation of the project.
Note: Authority cited: Section
						14532,
						Government Code. Reference: Sections
						62,
						63,
						64 and
						71 of Chapter 161, 1979 Statutes;
						Section 30 of Chapter 1002, 1979 Statutes;
						Section
						99319,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 4 - Allocation of Funds for Intermodal Interface Projects › Article 4 - Project Selection and Allocation › Section 8205 - Project Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Consideration for funding will be based upon criteria
					 developed pursuant to Section
					 99319(b)
					 of the Public Utilities Code.
1.
					 Certificate of Compliance including amendment filed 8-20-80 (Register 80, No.
					 34).
Note: Authority cited: Section
						14532,
						Government Code. Reference: Sections
						62,
						63,
						64 and
						71 of Chapter 161, 1979 Statutes;
						Section 30 of Chapter 1002, 1979 Statutes;
						Section
						99319,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 4 - Allocation of Funds for Intermodal Interface Projects › Article 4 - Project Selection and Allocation › Section 8206 - Allocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The commission, from funds appropriated to it for the
					 purpose stated in Section
					 8200 of this subchapter, shall
					 allocate funds to recommended projects listed in the current annual report. The
					 commission may augment the original project cost by no more than 10 percent
					 (10%) for contingency and administrative purposes.
The commission may reallocate funds to other projects
					 eligible for funding from funds previously allocated to any applicant that has
					 not executed an allocation agreement by January 1, 1981, or from any applicant
					 that has filed a written waiver of funds with the department.
Before allocation of funds is made, there must be an
					 approved final environmental document for the project made available to the
					 commission for its review and consideration.
1.
					 Certificate of Compliance including amendment filed 8-20-80 (Register 80, No.
					 34)
Note: Authority cited: Section
						14532,
						Government Code. Reference: Sections
						62,
						63,
						64 and
						71 of Chapter 161, 1979 Statutes;
						Section 30 of Chapter 1002, 1979 Statutes;
						Section
						99319,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 4 - Allocation of Funds for Intermodal Interface Projects › Article 4 - Project Selection and Allocation › Section 8207 - Allocation Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The allocation for each project funded under this
					 subchapter shall be subject to the terms and conditions of an allocation
					 agreement entered into between the department and the eligible public
					 agency.
Note: Authority cited: Section
						14532,
						Government Code. Reference: Sections
						62,
						63,
						64 and
						71 of Chapter 161, 1979 Statutes;
						Section 30 of Chapter 1002, 1979 Statutes;
						Section
						99319,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 1 - General Provisions › Section 9100 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				"Department" means the Department of Transportation.
(b) "Panel" means the earthquake emergency
				and seismic retrofit permit review panel created pursuant to Streets and
				Highways Code Section
				180.3
				and consisting of the Secretary of the Business, Transportation and Housing
				Agency, the Secretary for Environmental Protection, and the Secretary of the
				Resources Agency.
1. New
				  Division 5, chapter 1 (sections
				  9100-9103) and section filed
				  10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40). A Certificate
				  of Compliance must be transmitted to OAL by 1-31-95 or emergency language will
				  be repealed by operation of law on the following day.
2. Repealed by
				  operation of Government Code section
				  11346.1(g)
				  (Register 95, No. 19).
3. New Division 5, chapter 1 (sections
				  9100-9103) and section filed
				  5-12-95; operative 5-12-95 pursuant to Government Code section
				  11343.4(d)
				  (Register 95, No. 19).
Note: Authority cited: Section
					 180.3,
					 Streets and Highways Code. Reference: Sections
					 180.1
					 and
					 180.3,
					 Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 1 - General Provisions › Section 9101 - Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				meeting of the Panel shall be held on such date and at such place and time as
				shall be fixed by the Panel or the person calling the meeting.
(b) Meetings of the Panel may be called by or
				at the direction of the chairperson of the Panel. Meeting calls need not be in
				writing.
(c) Notice of meetings
				shall be given to all members of the Panel, to all parties to appeals on the
				agenda for the meeting, and to all persons who request in writing such notice.
				Notice shall also be given to the city, if any, and county identified in any
				appeal by a permitting agency on the agenda for the meeting. Notice of meetings
				shall be mailed at least ten days in advance of the meeting and shall include:
(1) the date, time and location of the
				meeting;
(2) the name, address and
				telephone number of a person designated by the Panel who can provide further
				information prior to the meeting; and
(3) a specific agenda for the meeting. Notice
				of meetings need not include a list of witnesses.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 1 - General Provisions › Section 9103 - Filing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All appeals
				and responses authorized to be filed with the Panel under this Division shall
				be filed with the Secretary of the Business, Transportation and Housing Agency,
				801 K Street, Suite 1918, Sacramento, CA 95814-3520.
(b) All appeals and responses, including any
				exhibits or riders, shall be filed with the Panel in triplicate.
(c) Appeals and responses required to be
				filed with the Department under this chapter shall be filed as follows:
DEPARTMENT OF TRANSPORTATION
1120 N STREET
SACRAMENTO, CA 95814
ATTENTION: CHIEF LEGAL COUNSEL
1. New section
				  filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40). A
				  Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Repealed by operation of Government Code section
				  11346.1(g)
				  (Register 95, No. 19).
3. New section filed 5-12-95; operative
				  5-12-95 pursuant to Government Code section
				  11343.4(d)
				  (Register 95, No. 19).
Note: Authority cited: Section
					 180.3,
					 Streets and Highways Code. Reference: Sections
					 180.4
					 and
					 180.5,
					 Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 1 - Appeals to Extend the Period of Time to Issue or Deny a Permit › Section 9200 - Authorization to File Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A permitting agency may file with the Panel an appeal for
					 an extension of time to issue or deny a permit for a project.
1. New
					 chapter 2, article 1 (sections
					 9200-9205) and section filed
					 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40). A Certificate
					 of Compliance must be transmitted to OAL by 1-31-95 or emergency language will
					 be repealed by operation of law on the following day.
2. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New chapter 2, article 1 (sections
					 9200-9205) and section filed
					 5-12-95; operative 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.4,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 1 - Appeals to Extend the Period of Time to Issue or Deny a Permit › Section 9201 - Timing of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal for an extension of time under Article 1 of this
					 Chapter shall be filed no later than 15 working days after the receipt by a
					 permitting agency of a permit application for a project from the Department or
					 a local agency.
1. New
					 section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New section filed 5-12-95; operative
					 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.4,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 1 - Appeals to Extend the Period of Time to Issue or Deny a Permit › Section 9202 - Form and Contents of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appeal shall be typewritten and may be in a letter or
					 other written format. The appeal shall state that it is an appeal under Article
					 1 of Chapter 2 of Division 5 and shall include all of the following
					 information:
(a) The name, address,
				  telephone number, and fax number, if any, of the permitting agency;
(b) The name, address, telephone number, and
				  fax number, if any of the Department or local agency submitting the application
				  for a permit;
(c) The permit for
				  which the Department or local agency applied;
(d) The statute, ordinance, regulation or
				  rule pursuant to which the permit may be issued;
(e) The date on which the application for a
				  permit was received by the permitting agency;
(f) The period of extension requested by the
				  permitting agency;
(g) A concise
				  statement of the basis for the appeal; and
(h) The city, if any, and county in which the
				  project is located.
The appeal shall include an undertaking by the permitting
					 agency to provide notice of the appeal and any meeting to hear the appeal to
					 any interested parties required be notified by the permitting agency.
1. New
					 section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New section filed 5-12-95; operative
					 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.4,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 1 - Appeals to Extend the Period of Time to Issue or Deny a Permit › Section 9203 - Notice to Department or Local Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A copy of an appeal under Article 1 of this Chapter shall
					 be filed with the Department or local agency on the same date that it is filed
					 with the Panel.
1. New
					 section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New section filed 5-12-95; operative
					 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.4,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 1 - Appeals to Extend the Period of Time to Issue or Deny a Permit › Section 9204 - Responses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department or local agency may file with the Panel a
					 response to an appeal under Article 1 of this Chapter. A response shall be
					 filed with the Panel not later than five days prior to the date of the meeting
					 of the Panel at which the appeal will be considered. A copy of the response
					 shall be filed with the permitting agency at the address set forth in the
					 appeal on the same date that it is filed with the Panel. Filing with the
					 permitting agency may be effected by delivery at the address set forth in the
					 appeal, or if the response does not exceed 25 pages, by facsimile transmission
					 to the fax number identified in the appeal. A response shall be typewritten and
					 may be in letter or other written format. A response shall identify the appeal
					 and the respondent and shall contain a concise statement of opposition to the
					 appeal.
1. New
					 section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New section filed 5-12-95; operative
					 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.4,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 1 - Appeals to Extend the Period of Time to Issue or Deny a Permit › Section 9205 - Panel's Determination of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within thirty days after the filing of an appeal under
					 Article 1 of this Chapter, the chairperson of the Panel shall call a meeting of
					 the Panel to consider and act on the appeal. The Panel shall mail written
					 notice of the decision to the permitting agency and the Department or local
					 agency.
The 15 working day period set forth in Streets and Highways
					 Code Section
					 180.4
					 is not tolled during any period of appeal under Article 1 of this
					 Chapter.
1. New
					 section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New section filed 5-12-95; operative
					 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.4,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 2 - Appeals of Permit Denials or Unreasonable Conditions › Section 9206 - Authorization to File Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department or local agency may file an appeal with the
					 Panel if:
(1) the permitting agency
				  denies a permit for a project; or
(2) the Department or local agency determines
				  that the permitting agency has imposed unreasonable conditions on a permit for
				  a project that would lead to a significant delay in a seismic retrofit
				  project.
1. New
					 article 2 (sections
					 9206-9211) and section filed
					 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40). A Certificate
					 of Compliance must be transmitted to OAL by 1-31-95 or emergency language will
					 be repealed by operation of law on the following day.
2. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New article 2 (sections
					 9206-9211) and section filed
					 5-12-95; operative 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 2 - Appeals of Permit Denials or Unreasonable Conditions › Section 9207 - Timing of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal under Article 2 of this Chapter shall be filed
					 with the Panel within 180 days after the denial of a permit or the issuance of
					 a permit.
1. New
					 section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New section filed 5-12-95; operative
					 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 2 - Appeals of Permit Denials or Unreasonable Conditions › Section 9208 - Form and Contents of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The appeal shall be typewritten and may be in letter or
					 other written format. The appeal shall state that it is an appeal under Article
					 2 of Chapter 2 of Division 5 and shall include all of the following:
(a) The permit for which the Department or
				  local agency applied and whether the permit was issued or denied;
(b) The statute, ordinance, regulation or
				  rule pursuant to which the permit may be issued;
(c) If the permit was issued, the conditions
				  determined by the Department or local agency to be unreasonable and the reasons
				  why such conditions would lead to a significant delay in a seismic retrofit
				  project;
(d) A concise statement of
				  the necessity of the project for the preservation of the public peace, health,
				  or safety within the meaning of Article IV of the California Constitution;
				  and
(e) If the permit was applied
				  for by a local agency, the name, address, telephone number, and fax number, if
				  any, of the local agency.
1. New
					 section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New section filed 5-12-95; operative
					 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 2 - Appeals of Permit Denials or Unreasonable Conditions › Section 9209 - Notice to the Permitting Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A copy of an appeal under Article 2 of this Chapter shall
					 be filed with the permitting agency on the same date that it is filed with the
					 Panel.
1. New
					 section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New section filed 5-12-95; operative
					 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 2 - Appeals of Permit Denials or Unreasonable Conditions › Section 9210 - Responses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A permitting agency may file with the Panel a response to
					 an appeal under Article 2 of this Chapter. A response shall be filed with the
					 Panel not later than five days prior to the date of the meeting of the Panel at
					 which the appeal will be considered. A response shall be filed with the
					 Department or local agency on the same date that it is filed with the Panel. A
					 response filed with a local agency shall be filed at the address set forth in
					 the appeal, or if the response does not exceed 25 pages, by facsimile
					 transmission to the fax number identified in the appeal. A response shall be
					 typewritten and may be in letter or other written format. A response shall
					 identify the appeal and the respondent and shall contain a concise statement of
					 opposition to the appeal.
1. New
					 section filed 10-3-94 as an emergency; operative 10-3-94 (Register 94, No. 40).
					 A Certificate of Compliance must be transmitted to OAL by 1-31-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 95, No. 19).
3. New section filed 5-12-95; operative
					 5-12-95 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 19).
Note: Authority cited: Section
						180.3,
						Streets and Highways Code. Reference: Section
						180.5,
						Streets and Highways Code.
California Code of Regulations › Title 21 - Public Works › Division 5 - Earthquake Emergency and Seismic Retrofit Permit Review Panel › Chapter 2 - Appeal Procedure › Article 2 - Appeals of Permit Denials or Unreasonable Conditions › Section 9211 - Panel's Determination of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within
				  sixty days after the filing of an appeal under Article 2 of this Chapter, the
				  chairperson of the Panel shall call a meeting of the Panel to consider and act
				  on the appeal.
(b) If the Panel
				  finds that the project is necessary for the preservation of the public peace,
				  health, or safety within the meaning of Article IV of the California
				  Constitution, the Panel may in its discretion:
(1) waive the permit;
(2) amend any condition established by the
				  permit; or
(3) issue a permit that
				  has been denied by the permitting agency. The Panel shall mail written notice
				  of its decision to the Department or local agency and the permitting
				  agency.