Section 18975.2 - Procedure for Stewardship Plan Revocation, Resubmittal, or Additional Compliance Reporting(a) If the department finds that a covered entity, program operator, stewardship organization, or authorized collector has failed to meet a material requirement of this Article or Chapter 2 of Part 3 of Division 30 of the Public Resources Code, the department shall, in addition to imposing any civil penalties authorized under this Article and Chapter 2 of Part 3 of Division 30 of the Public Resources Code, take one or all of the following actions: (1) Revoke a previously approved stewardship plan,(2) Require resubmittal of the stewardship plan, and/or(3) Require additional reporting relating to compliance with the material requirement(s), of this Article or Chapter 2 of Part 3 of Division 30 of the Public Resources Code, that was/were not met.(b) Before revoking a previously approved plan, requiring resubmittal of an approved stewardship plan, and/or requiring additional compliance reporting, the department shall issue a written notice to the respondent of the department's intent to revoke an approved stewardship plan, require resubmittal of an approved stewardship plan, require additional compliance reporting, or all three. The notice shall state the legal and factual basis for the proposed action.(c) The notice described in subdivision (b) shall be served on the respondent by one of the following means: (2) Substitute service by using the same service procedures as described in Section 415.20 of the Code of Civil Procedure;(3) Certified Mail or registered mail; or(4) Electronically, with the consent of the respondent.(d) A respondent may submit to the department a request for hearing to contest the proposed action within thirty (30) days of receipt of the notice issued pursuant to subdivision (b). The hearing request shall be in writing and shall state the basis for objecting to the department's action. Upon a failure to submit a timely hearing request under this subdivision, the respondent shall be deemed to have waived its right to hearing and the department may revoke an approved stewardship plan, require resubmittal of an approved stewardship plan, require additional compliance reporting, or all three.(e) The hearing shall be held before the Director of the Department of Resources Recycling and Recovery. A party shall be afforded the opportunity to present evidence and testimony on all relevant issues. Any relevant evidence 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 the evidence over objection in civil actions.(f) The Director of the Department of Resources Recycling and Recovery shall issue a written decision within sixty (60) days from the date the hearing is concluded.Cal. Code Regs. Tit. 14, § 18975.2
1. New section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 40401, 42031.2 and 40502, Public Resources Code. Reference: Sections 42030, 42032, 42033.2, 42035, 42035.2, 42035.4, 42035.6 and 42035.8, Public Resources Code.
1. New section filed 1-7-2021; operative 1/7/2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.