Cal. Code Regs. Tit. 14, § 132.5 - Appeal of Dungeness Crab Trap and Buoy Tag Allocations and Deadlines
(a) Appeal.
(1) A permitholder may request an appeal of
their Dungeness crab trap and buoy tag allocation by submitting the request to
the department's License and Revenue Branch, 1740 N. Market Blvd., Sacramento,
CA 95834. The request for an appeal shall be postmarked no later than March 31,
2014. The department shall not accept a request for an appeal that is
postmarked after this date.
(A) An appeal to
revise upward a Dungeness crab trap and buoy tag allocation shall be submitted
to the department in the form of a notarized letter, and shall include the
nonrefundable filing fee of $3,044.00. The appeal shall include a statement
from the permitholder that identifies the tier to which the permitholder wants
to be transferred and that the permitholder's decision is permanent and shall
not be revoked or canceled. The appeal shall include evidence to document the
circumstances for appeal, including evidence that a permit's California
landings during the period between November 15, 2003, and July 15, 2008,
inclusive, were reduced as a result of unusual circumstances and that these
circumstances constitute an unfair hardship, taking into account the overall
California landings history as indicated by landing receipts associated with
the permit. Within 12 months of the postmarked date on a request for an appeal
the department shall submit a written request to the Office of Administrative
Hearings (OAH) to set a hearing. A party may request judicial review by filing
a petition for writ of mandate in accordance with Section
1094.5
of the Code of Civil Procedure within 30 days from the date of service
(postmark) of the decision.
(B) An
appeal to revise downward a Dungeness crab trap and buoy tag allocation shall
be submitted to the department in the form of a notarized letter and shall
include the nonrefundable filing fee of $250.00. The appeal shall include a
statement from the permitholder that identifies the tier to which the
permitholder wants to be transferred and that the permitholder's decision is
permanent and shall not be revoked or canceled. An appeal to revise downward
shall be decided by the department within 12 months of the postmarked date on a
request for an appeal to revise downward.
(C) Any Dungeness crab permitholder
requesting an appeal may apply to the administrative law judge for a waiver of
the appeal fees. In making the determination, the administrative law judge may
only consider medical hardship or military service occurring during the tier
qualifying window period of November 15, 2003, through July 15,
2008.
Notes
Note: Authority cited: Section 8276.5, Fish and Game Code. Reference: Section 8276.5, Fish and Game Code.
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