Section 18627 - Refund of Lubricating Oil Payment(a) Any person who has made the lubricating oil payment on oil which is later sold or used for an exempt purpose pursuant to PRC section 48650, may request a refund. For this chapter, an exempt purpose shall include lubricating oil that is subsequently sold to an agency of the Federal Government and on which the payment was not made by that agency. The request for a refund must include the information in Section 18613 of this chapter as well as the following information:(1) The volume of oil that the refund is being requested for, including the volumes of both rerefined lubricating oil and non-rerefined lubricating oil;(2) The total dollar amount of the refund being requested;(3) Proof that the person filing the refund claim has paid the fee on the oil that is on the refund claim;(4) Proof that the oil is fee exempt and that the fee was not applied to subsequent sales, if applicable; and(5) The name of the individual(s) who paid the initial fee to CalRecycle, and which quarter and year that the fee was paid, per Section 18625(b) of this Chapter, for claims based on purchases of one hundred (100) gallons or greater of lubricating oil.(b) Refund claims for oil other than oil exported from the state must be submitted to CalRecycle within three (3) years of the initial purchase of the oil by the person that is submitting the claim. If the refund is for oil that is exported from the state, the claim must be submitted to CalRecycle within the three months after the close of the calendar month in which the lubricating oil is exported or thirteen (13) months from the date of the purchase of the lubricating oil, whichever is later.(c) CalRecycle may withhold or adjust payments for refund claims that are improper, illegible, or incomplete or otherwise deficient. If a payment claim is denied or adjusted, CalRecycle will notify the claimant within ten (10) days of the denial or adjustment and provide the reasons for its determination.(d) A claimant may appeal CalRecycle's determination in writing within thirty (30) calendar days of the date of the denial notification. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial notification shall be denied without consideration of the appeal. (1) A written appeal shall include, at minimum, the following information: (A) Business entity name and location;(B) The reporting period for which the claim was submitted;(C) An explanation of why the adjustment or denial was in error; and(D) Any other relevant documentation in support of the appeal.(2) CalRecycle may consider the reasons for payment denial or payment adjustment, and any relevant information presented by the applicant or CalRecycle staff. CalRecycle will notify the applicant of its determination, in writing, within twenty (20) calendar days of its receipt of the appeal.Cal. Code Regs. Tit. 14, § 18627
1. Change without regulatory effect adding section filed 3-13-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 11).
2. Amendment of section and NOTE filed 5-8-2017; operative 7-1-2017 (Register 2017, No. 19). Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650, 48671 and 48680, Public Resources Code.
1. Change without regulatory effect adding section filed 3-13-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 11).
2. Amendment of section and Note filed 5-8-2017; operative 7/1/2017 (Register 2017, No. 19).