California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 15 - Additional off-Road Vehicles and Engines Pollution Control Requirements › Article 1 - Evaporative Emission Requirements for off-Road Equipment › Section 2771 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
				  whose application for an Executive Order of Certification has been denied, or
				  whose certification has been suspended or revoked, may request a hearing to
				  review the action as provided herein. Any such request shall be made within
				  twenty days of the date the action for which review is sought became
				  final.
(b) Hearing Procedure.
Except as provided for in subsection (c) below, any appeal
					 pursuant to this section shall be conducted in accordance with the
					 Administrative Hearing Procedures for Petitions for Review of Executive Officer
					 Decisions, title 17, California Code of Regulations, Division 3. Chapter 1
					 Article 2, commencing with section 60055.1.
(c) Review by written submission.
(1) In lieu of the hearing procedure set
				  forth in (b) above, a Holder may request that a review of the Executive
				  Officer's decision be conducted by a hearing officer solely by written
				  submission.
(2) A Holder may
				  request a review of the Executive Officer's decision to deny, suspend or revoke
				  a certification no later than 20 days from the date of issuance of the notice
				  of the denial, suspension, or revocation. Such request shall include, at a
				  minimum, the following:
(A) name of the
				  Holder, the name, address and telephone number of the person representing the
				  Holder and a statement signed by a senior officer of the Holder warranting that
				  the representative has full authority to bind the Holder as to all matters
				  regarding the appeal;
(B) copy of
				  the Executive Order granting certification, if any, and the written
				  notification of denial, suspension, or revocation;
(C) A statement of the objections to the
				  decision upon which review is requested; a verified statement of the facts,
				  data and other relevant evidence in support of the objections; a demand for the
				  specific relief the petitioner seeks; a short, concise statement of legal
				  argument, with citation to authorities, in support of the objections and the
				  relief requested. The verification may be made on information and belief;
				  and
(D) the signature of the
				  representative named in (A) above.
(3) Upon receipt by the Clerk of the Board of
				  a request for review, the request shall be referred to the administrative
				  hearing office of the state board for assignment of a hearing
				  officer.
(4) Within 15 days of
				  appointment of a hearing officer CARB staff shall file with the Clerk of the
				  Board and serve on the petitioner a written response to the Holder's submission
				  and documents.
(5) Within 7 days of
				  receipt of the CARB response, the Holder may submit one rebuttal statement that
				  shall be limited to the issues raised in the CARB rebuttal.
(6) If the Holder submits a rebuttal, CARB
				  staff may, within 7 days of receipt of the Holder's rebuttal, submit one
				  rebuttal statement that shall be limited to the issues raised in the Holder's
				  rebuttal.
(7) The hearing officer
				  shall receive all statements and documents and render a written decision. The
				  hearing officer's decision shall be mailed to the Holder no later than 60
				  working days after the final deadline for submission of papers.