1. (a) The applicant or a duly authorized representative may appeal a denial of certification.

2. (b) Appeals must:

   1. (1) Be in writing; e.g., letter or email, using subject line “Denial Appeal <OHP project no.>”.
   2. (2) Be addressed to: State Historic Preservation Officer, California Office of Historic Preservation, PO Box 942896, Sacramento CA 94296-0001 or [email protected].
   3. (3) Be received by the OHP within 30 days of receipt of the denial by the applicant, or a duly authorized representative, and,
   4. (4) Include all information the applicant wishes the State Historic Preservation Officer (SHPO) to consider in deciding the appeal.
3. (c) The appellant may request a meeting to discuss the appeal.
4. (d) The OHP will notify CTCAC that an appeal is pending.
5. (e) The SHPO will consider the record of the decision in question, any further written submissions by the applicant, and other submitted information.

6. (f) The SHPO shall consider alleged errors in professional judgment or alleged prejudicial procedural errors by OHP officials. SHPO's decision may:

   1. (1) Reverse the appealed decision; or
   2. (2) Affirm the appealed decision; or
   3. (3) Where appropriate, withhold a decision until receipt of additional information needed for review.
7. (g) The SHPO will return an Appeals decision within 45 days of receipt of the appeal.
8. (h) The decision of the SHPO shall be the final administrative decision on the appeal. No person shall be considered to have exhausted their administrative remedies with respect to the certifications or decisions described in this part until the SHPO has issued a final administrative decision pursuant to this section.
9. (i) For dual projects where the SHPO may disagree with the NPS for denial of a project certification, the SHPO may separately approve the completed project for state tax credit and append a memorandum explaining reasons for approval to the OHP Completed review form.

Note: Authority cited: Sections 17053.91 and 23691, Revenue and Taxation Code; and Section 5024.6, Public Resources Code. References: Secretary of the Interior's Standards for Rehabilitation, Part 67.7 of Title 36 of the Code of Federal Regulations; and Sections 17053.91 and 23691, Revenue and Taxation Code.

History

1. New section filed 11-13-2024; operative 11-13-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 46).