Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 1 - Fish and Game Commission-Department of Fish and GameSubdivision 4 - Office of Spill Prevention and ResponseChapter 3 - Oil Spill Prevention and Response Planning
Subchapter 3.5 - Oil Spill Response Organization Ratings
Section 819.06 - Rating Modification, Suspension, or Revocation

Cal. Code Regs. tit. 14 § 819.06

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 819.06 - Rating Modification, Suspension, or Revocation
(a) Criteria for Modification, Suspension, or Revocation
(1) Criteria for modification.

The Administrator may modify a rating at any time if the oil spill response organization is not in compliance with the conditions of the issued rating. Situations that may cause a modification include, but are not limited to: a failure to meet the objectives of an equipment deployment drill; failure to perform the rated services at a spill; a change or reduction in equipment or personnel; or any other factor that would affect the ability to perform the rated services. The oil spill response organization shall only perform consistent with the modified rating.

(2) Criteria for suspension.

The Administrator may suspend a rating at any time if the oil spill response organization is not in compliance with the requirements of this subchapter. Situations that may cause a suspension of a rating include, but are not limited to: self-initiated stoppage of services; bankruptcy; natural disaster; or a situation beyond the control of the oil spill response organization that prohibits it from providing the rated services. An oil spill response organization with a suspended rating shall not provide the suspended services until either the suspension is lifted or the rating is modified.

(3) Criteria for revocation.

The Administrator may revoke all issued ratings based on a determination that the oil spill response organization cannot perform any of its rated services.

(b) Procedure For Modification, Suspension, or Revocation
(1) When the Administrator modifies or suspends a rating, the oil spill response organization shall be notified in writing of the reasons for the modification or suspension by certified or registered mail.
(A) Modification. An oil spill response organization may reapply for a rating that has been modified. The application shall include a narrative describing what measures were taken to correct the deficiencies outlined in the modification letter.
(B) Suspension. An oil spill response organization may submit a written request for the suspension to be lifted. The Administrator will review the request within 15 calendar days of receipt, and determine whether to maintain the suspension or lift the suspension.
(2) When the Administrator revokes all ratings, the oil spill response organization shall be notified in writing by certified or registered mail of the reasons for the revocation. The revocation shall be effective 15 calendar days after issuance. The oil spill response organization shall have 30 calendar days from the date of receipt to reply in writing addressing the reasons for the revocation. The Administrator shall have 15 calendar days to review the reply and either maintain the revocation or rescind the revocation.

Cal. Code Regs. Tit. 14, § 819.06

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Repealer and new section filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
4. Amendment of section heading and section filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
5. Amendment of subsections (a)(2)-(3) and amendment of NOTE filed 10-12-2015 as an emergency; operative 10-12-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 42).
6. Amendment of subsections (a)(2)-(3) and amendment of NOTE refiled 10-4-2016 as an emergency, including further amendment of NOTE; operative 10-4-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 41).
7. Amendment of subsections (a)(2)-(3) and amendment of NOTE refiled 8-7-2017 as an emergency; operative 8-7-2017. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2017, No. 32).
8. Amendment of subsections (a)(2)-(3) and amendment of NOTE refiled 7-30-2018 as an emergency; operative 7-30-2018. Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as a deemed emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
9. Certificate of Compliance as to 7-30-2018 order, including amendment of section heading and section, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).

Note: Authority cited: Sections 8670.7, 8670.7.5, 8670.28 and 8670.30, Government Code. Reference: Sections 8670.28 and 8670.30, Government Code.

1. New section filed 11-4-93 with the Secretary of State by the Department of Fish and Game; operative 11-4-93. Submitted to OAL for printing only pursuant to Government Code section 8670.28(e) (Register 93, No. 45).
2. Amendment filed 6-1-98; operative 6-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 23).
3. Repealer and new section filed 10-9-2002; operative 10-9-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 41).
4. Amendment of section heading and section filed 3-20-2007; operative 5-1-2007 (Register 2007, No. 12).
5. Amendment of subsections (a)(2)-(3) and amendment of Note filed 10-12-2015 as an emergency; operative 10-12-2015. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2015, No. 42).
6. Amendment of subsections (a)(2)-(3) and amendment of Note refiled 10-4-2016 as an emergency, including further amendment of Note ; operative 10-4-2016. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2016, No. 41).
7. Amendment of subsections (a)(2)-(3) and amendment of Note refiled 8-7-2017 as an emergency; operative 8-7-2017. Submitted to OAL for printing only pursuant to Government Code section 8670.7.5, which provides that the regulation shall be deemed an emergency, shall be exempt from describing facts showing the need for immediate action, shall not be subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2017, No. 32).
8. Amendment of subsections (a)(2)-(3) and amendment of Note refiled 7-30-2018 as an emergency; operative 7/30/2018. Submitted to OAL for filing and printing only pursuant to Government Code section 8670.7.5, as a deemed emergency and not subject to OAL review, and shall remain in effect for twelve months or until readopted, whichever is earlier (Register 2018, No. 31).
9. Certificate of Compliance as to 7-30-2018 order, including amendment of section heading and section, transmitted to OAL 10-31-2018 and filed 12-17-2018; amendments effective 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 51).