Section 1990.09 - Appeals(a) The first level of appeal shall occur with the Registered Instructor, Registered Lead Evaluator, Registered Skills Evaluator, Accredited Facility, and/or Host Facility submitting, in writing, to the Assistant State Fire Marshal all evidence to support reversing the suspension or revocation action within 60 days of receiving their notice of suspension or revocation. The Registered Instructor, Registered Lead Evaluator, Registered Skills Evaluator, Accredited Facility, and/or Host Facility may request in writing an administrative hearing, conducted by the Assistant State Fire Marshal to fully examine the issues. If the Assistant State Fire Marshal is unavailable due to vacancy, conflict of interest, incapacitation, or other circumstance, the appeal will be directed to an Assistant Deputy Director. (1) After review of all submitted materials and/or testimony provided during an administrative hearing, the Assistant State Fire Marshal shall, by written letter, notify the Registered Instructor, Registered Lead Evaluator, Registered Skills Evaluator, Accredited Facility, or Host Facility and State Fire Training of the decision to uphold, modify, or withdraw the action along with the next level of the appeal process within 45 days. If the Assistant State Fire Marshal is unavailable due to vacancy, conflict of interest, incapacitation, or other circumstance, the written letter will be provided by an Assistant Deputy Director.(b) The second level of the appeal process shall occur with the Registered Instructor, Registered Lead Evaluator, Registered Skills Evaluator, Accredited Facility, or Host Facility submitting, in writing, to the Statewide Training and Education Advisory Committee (STEAC) all evidence to support reversing the suspension or revocation action within 60 days of receiving the Assistant State Fire Marshal's decision. The Assistant State Fire Marshal shall agendize this request at the next regularly scheduled STEAC meeting. (1) After review of all submitted materials and/or testimony provided during an administrative hearing, STEAC shall, by written letter, notify the Registered Instructor, Registered Lead Evaluator, Registered Skills Evaluator, Accredited Facility, or Host Facility and State Fire Training of the decision to uphold, modify, or withdraw the action along with the next level of the appeal process within 45 days of their decision.(c) The third level of the appeal process shall occur with the Registered Instructor, Registered Lead Evaluator, Registered Skills Evaluator, Accredited Facility, or Host Facility submitting, in writing, to the State Fire Marshal, all evidence to support reversing the suspension or revocation action within 60 days of being notified by STEAC of their decision. If the State Fire Marshal is unavailable due to vacancy, conflict of interest, incapacitation, or other circumstance, the appeal will be directed to an Assistant Deputy Director or Deputy Director.(1) The State Fire Marshal shall, by written letter, notify the Registered Instructor, Registered Lead Evaluator, Registered Skills Evaluator, Accredited Facility, or Host Facility and State Fire Training of the decision to uphold, modify or withdraw the action within 60 days of the date of the appeal. If the State Fire Marshal is unavailable due to vacancy, conflict of interest, incapacitation, or other circumstance, the written letter will be provided by an Assistant Deputy Director or Deputy Director.Cal. Code Regs. Tit. 19, § 1990.09
1. New section filed 8-7-2008; operative 9-6-2008 (Register 2008, No. 32).
2. Amendment of section and NOTE filed 1-9-2020; operative 1-9-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 2). Note: Authority cited: Section 11425.10, Government Code; and Section 13157(a), Health and Safety Code. Reference: Section 13157(a), Health and Safety Code.
1. New section filed 8-7-2008; operative 9-6-2008 (Register 2008, No. 32).
2. Amendment of section and Note filed 1-9-2020; operative 1/9/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 2).