Section 1898.5 - Withdrawal of Application or Recommendation to Reject Application for Noncompliance(a) Any time after acceptance of the application by the commission, the department may withdraw the application by filing a written notice of withdrawal. The notice of withdrawal must be verified in the same manner as the original application as provided in Section 1707. Upon receipt of a properly executed withdrawal, the Chair shall immediately issue a written notice terminating the application proceeding and closing the docket.(b) If at any point in the proceeding staff concludes that the site and related facility would not comply with Public Resources Code section 25794.6, the executive director may file a recommendation requesting the commission reject the application. The recommendation shall specify which provision of Public Resources Code section 25794.6 compels the commission to reject the application, describe the basis for this conclusion, and provide all facts in support of this conclusion. The department shall provide any response to the recommendation within 14 days. The commission shall consider the recommendation and any response at a business meeting within 45 days after the date the recommendation was filed and may take action including, without limitation, approving the recommendation and denying the application, rejecting the recommendation, requesting additional information, or establishing a schedule for subsequent actions.Cal. Code Regs. Tit. 20, § 1898.5
1. New section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022, No. 43). Pursuant to Public Resources Code section 25793(e), this action is a deemed emergency and shall remain in effect for three years or until replaced by nonemergency regulations, whichever is sooner. A Certificate of Compliance must be transmitted to OAL by 10-24-2025 or emergency language will be repealed by operation of law on the following day. Note: Authority cited: Sections 25213, 25218(e) and 25793(e), Public Resources Code. Reference: Sections 25794.2(a), 25794.4(c) and 25794.6, Public Resources Code.
1. New section filed 10-24-2022 as an emergency; operative 10/24/2022 (Register 2022, No. 43). Pursuant to Public Resources Code section 25793(e), this action is a deemed emergency and shall remain in effect for three years or until replaced by nonemergency regulations, whichever is sooner. A Certificate of Compliance must be transmitted to OAL by 10-24-2025 or emergency language will be repealed by operation of law on the following day.