Cal. Code Regs. Tit. 19, § 2707 - Exemptions

(a) An owner may submit a written petition to the director for an exemption from the fee on the basis set forth in Government Code section 8574.32 subsection (c) for materials that do not merit inclusion in the state Regional Railroad Accident Preparedness and Immediate Response Plan developed pursuant to Section 8574.48 and those shipments of hazardous materials that do not merit additional governmental preparation to respond to their release in the event of a railroad incident. The director, in his or her sole discretion, may approve or deny the petition for exemption on a case by case basis.

(b) The director may request information, documents, or specific evidence from the owner relating to the petition. Should the director make a request for information, the owner must provide requested information within thirty (30) calendar days of the request. Any failure to provide the requested documentation will be deemed a waiver of the owner's claim for exemption.

(c) The director may delegate the authority to grant or deny the petition to any individual within the office as he or she deems appropriate.

(d) The office will notify both the owner and the board if the director approves the petition. If the director denies the petition, the office will notify only the owner.

Notes

Cal. Code Regs. Tit. 19, § 2707

1. New section filed 6-20-2016 as an emergency; operative 6-20-2016 (Register 2016, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-19-2016 or emergency language will be repealed by operation of law on the following day.

Note: Authority cited: Section 8574.32(a)(1), Government Code. Reference: Section 8574.32(c), Government Code.

1. New section filed 6-20-2016 as an emergency; operative 6-20-2016 (Register 2016, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-19-2016 or emergency language will be repealed by operation of law on the following day.