Section 10313 - Completeness Appeals (California Code of Regulations)

§ 10313. Completeness Appeals

(a) An applicant may submit an appeal to the Secretary if the time limits for processing a completeness determination on an environmental permit application and any accompanying submitted materials to a Board, Office, or Department within the California Environmental Protection Agency are exceeded.

(b) The appeal shall include, at a minimum, the following information;

(1) name of the applicant;

(2) name of the business;

(3) address of the facility;

(4) name of the board, office, or department that made the determination;

(5) the name and/or type of permit that the applicant applied for; and

(6) an explanation of why the applicant is making the appeal.

(c) An applicant may submit an appeal to the Secretary rather than the local environmental agency that is issuing the environmental permit regarding the time limits for processing a completeness determination on an environmental permit application and any accompanying submitted materials to a local environmental agency. The appeal shall be made under either of the following circumstances:

(1) The local environmental agency has not adopted an appeals process pursuant to subdivision (c) of Section 65943 of the Government Code.

(2) The local environmental agency declines to accept an appeal for a decision pursuant to subdivision (c) of Section 65943 of the Government Code.

(d) The appeal shall include, at a minimum, the following information;

(1) name of the applicant;

(2) name of the business;

(3) address of the facility;

(4) name of the local environmental agency that made the determination;

(5) the name and/or type of environmental permit that the applicant applied for; and

(6) an explanation of why the applicant is requesting the appeal.

(e) There shall be a final written determination by the Secretary on the appeal not later than 60 calendar days after the receipt of the applicant's written appeal.

(f) Pursuant to subdivision (c) of Section 65943 of the Government Code, if the final written determination on the appeal is not made within the specified 60-day period, the application with the submitted materials shall be deemed complete.

(g) For the purpose of this section, "local environmental agency" does not include the agencies described in subdivisions (1) and (6) of Section 10100(j) of Title 27 CCR.

(1. New section filed 7-12-95; operative 8-11-95 (Register 95, No. 28).)

Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 65943.5 and 65943, Government Code.

Disclaimer: All information on this page is frequently updated based on official sources. However, Lawrina cannot accept any responsibility for the accuracy of the content for Section 10313 Completeness Appeals. To check for possible violations, please check the official sources.

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