Section 1234 - Jurisdictional Determinations(a) Any person engaged in an activity potentially regulated by the commission may request a jurisdictional determination by the executive director as to whether the commission has regulatory authority over a particular activity. To request a determination, information detailing the facts, issues and law relating to the activity shall be filed with the commission. For issues relating to power plant output, a person seeking a jurisdictional determination may also follow the process under section 2010.(b) Within 45 days of receiving a complete request, the executive director shall file a written determination as to whether the activity subject to the request is under the jurisdiction of the commission and what actions need to be taken to comply with commission regulations and orders.(c) Within 10 days of the filing of the executive director's determination, an appeal to the chair may be filed by the person seeking the jurisdictional determination. The appeal shall specify the alleged errors in fact or law that resulted in an incorrect determination.(d) Within 30 days of the filing of the appeal, the chair shall file a hearing order identifying the schedule for hearings, whether the hearings will be before a hearing officer, committee, or the commission, whether provisions of Government Code section 11400 et seq. are applicable to the proceeding, the role of commission staff in the proceeding and other relevant information about the hearing.(e) Section 1233.4 shall govern the decision of the appeal.Cal. Code Regs. Tit. 20, § 1234
1. Repealer and new section filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Renumbering of former section 1234 to section 1235 and new section 1234 filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 27).
3. Repealer and new section filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Amendment of subsection (d) filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49). Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code. Reference: Section 11180, Government Code; and Sections 25210, 25321, 25362, 25900, 25967 and 25983, Public Resources Code.
1. Repealer and new section filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Renumbering of former section 1234 to section 1235 and new section 1234 filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4(Register 2007, No. 27).
3. Repealer and new section filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Amendment of subsection (d) filed 12-5-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).