Cal. Code Regs. Tit. 19, § 2709 - Appeal of Determination
(a)
Any petition or claim for refund made pursuant to section
8574.40 of
the Government Code based upon whether the rail car content is or is not a
hazardous material commodities should be made to the director and mailed to
office headquarters.
(b) The
envelope mailed to the director containing the petition or claim must be
labeled "Hazardous Material Petition" or "Hazardous Material Claim." The
petition or claim must include at minimum:
(1) contact information for person registered
with the board;
(2) hazardous
material commodity disputed;
(3)
route;
(4) date fee was imposed or
invoiced by the railroad;
(5)
identification of the owner of the material in dispute;
(6) any information, evidence, or
documentation regarding the disputed hazardous material commodity;
and,
(7) statement of reasons why
the petition or claim should be granted.
(c) Any petition or claim must be made within
thirty (30) calendar days of the date the fee was imposed or invoiced,
whichever occurs first, pursuant to Government Code section
8574.32.
(d) The director may request information,
documents, or specific evidence from the person who submitted the claim or
petition. Should the director make a request for information, the person must
provide requested information within thirty (30) calendar days of the
request.
(e) The director may
delegate the determination of the claim or petition to any of his or her
executive staff.
(f) The office
will provide a written determination of the petition or claim. If the petition
is granted, the office will notify both the board and the owner. If the
petition is denied, the office will notify only the owner.
Notes
Note: Authority cited: Section 8574.32(a)(1), Government Code. Reference: Section 8574.32(a)(1), and 8574.40, Government Code.
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