California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 2 - Mobilehome Parks and Installations › Article 7.5 - MH-Unit Earthquake-Resistant Bracing Systems (Erbs) › Section 1377 - Permit Application Review and Notice of Department Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within one (1)
				  working day of the receipt of an application to install an earthquake resistant
				  bracing system, the department shall provide the applicant with written notice
				  whether the application is complete pursuant to section 1374.6 and acceptable
				  for filing. If the application is not complete, the notice shall specify the
				  information and/or documentation necessary to complete the application. If the
				  application is not complete, the notice, the application and the accompanying
				  documentation shall be returned to the applicant.
(b) Within seventeen (17) working days of the
				  receipt of a complete and acceptable application, the department shall issue a
				  permit or shall provide the applicant with written notice of the department's
				  refusal to issue a permit. The written notice of refusal shall specify the
				  reasons why the permit may not be issued.
(c) An application for a permit to install an
				  earthquake resistant bracing system shall be considered complete and acceptable
				  if it is in compliance with the provisions of section 1374.6 of this
				  article.
(d) Should the applicant
				  fail to submit a complete and acceptable application within ninety (90) days of
				  the notice of rejection, the application shall be deemed abandoned and all fees
				  submitted pursuant to section 1025 shall be forfeited to the department. Should
				  an applicant cancel the application for the permit to install a manufactured
				  home or mobilehome earthquake resistant bracing system, all fees submitted
				  shall be forfeited to the department.
(e) The estimated minimum, median, and
				  maximum elapsed time between receipt of a completed application for a permit to
				  install an earthquake resistant bracing system and reaching a final decision
				  are as follows:
(1) Minimum
one (1) working day
(2) Median
two (2) working days
(3) Maximum
seventeen (17) working days
(f)
(1) The applicant may request and shall be
				  granted a hearing for a timely resolution of any dispute arising from a
				  violation of the time periods within which the department must process this
				  application as set forth in Section 1757. Such request may be made to the
				  Secretary of the Business, Transportation, and Housing Agency and or the
				  director of the department or his or her duly authorized representative. The
				  request shall be a written petition requesting a hearing which sets forth a
				  brief statement of the grounds therefor as set forth in Section 1756.
(2) The petition shall be decided in the
				  applicant's favor, if the department has exceeded the established maximum time
				  period of issuance or denial of the permit and the department has failed to
				  establish good cause for exceeding the time period.
(3) If the petition is decided in the
				  applicant's favor, the applicant shall receive full reimbursement of any and
				  all filing fees paid to the department.