Cal. Code Regs. tit. 23 § 6008

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 6008 - Commission Appeal
(a) If the applicant's public benefit ratio is modified in the evaluation process pursuant to section 6007(b)(1)(B), the applicant can appeal the modification as follows:
(1) Within three weeks of notification of the revised Staff public benefit ratio, the applicant shall submit an appeal letter to Staff via the Commission email address appealing the Staff revised public benefit ratio. All appeals and supporting documentation received shall be posted on the Commission's website within two business days of receipt. The appeal letter shall consist of:
(A) A statement clearly appealing the Staff revised public benefit ratio;
(B) The public benefit ratio value the applicant claims as the correct value;
(C) A written rebuttal of specific Staff comments or reasons for Staff modifications;
(D) New supporting information, if any, specific to the written rebuttal to support the value the applicant claims is correct; and
(E) Reference to existing application information to support the rebuttal.
(2) The appeal shall not exceed 20 written pages in length using a 12 point font.
(3) Staff shall have a minimum of three weeks to respond to the appeal. Staff responses to appeals shall be made available through the Commission's website at least 10 days before the Commission meeting where the Commission's agenda includes the appeal discussion.
(4) Applicant representatives and Staff representatives will appear at the next available Commission meeting to present the appeal and Staff response to the Commission.
(5) The Commission will hear public comment on any application under appeal and make a decision on the applicant's public benefit ratio. The Commission may direct Staff to make changes to the public benefit ratio and associated Program cost share based on the applicant's appeal, Staff response, and public comment received.

Cal. Code Regs. Tit. 23, § 6008

1. New section filed 3-7-2017; operative 3-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).

Note: Authority cited: Sections 79705, 79710, 79750 and 79754, Water Code. Reference: Sections 79705, 79710, 79750, 79751, 79752, 79753, 79755 and 79757, Water Code.

1. New section filed 3-7-2017; operative 3/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).