1. (a) If CalRecycle denies an application for approval or suspends or revokes an approval, the collector, recycler, or dual entity may request reconsideration of a denied application or application renewal, suspension, or revocation by submitting a written request for reconsideration electronically to [email protected], within 30 calendar days of the date the notice of suspension, revocation, or denial of the application or application renewal is electronically mailed to the participant. The request for reconsideration shall be titled: “Request for Reconsideration”.

   1. (1) Any request for reconsideration received by CalRecycle after 30 calendar days from the date the denied application or application renewal, suspension, or revocation is electronically mailed to the participant shall be denied without reconsideration and CalRecycle's determination to deny the application or renewal, suspension, or revocation may not be appealed pursuant to this section.

   2. (2) A request for reconsideration shall include all of the following information. CalRecycle shall deny the request for reconsideration if a recycler fails to provide the following information:

      1. (A) The collector's, recycler's, or dual entity's name, mailing address, contact name and daytime telephone number.
      2. (B) The type of approval: collector, recycler or dual entity.
      3. (C) Physical address.
      4. (D) A statement, which may include providing supporting documentation, of the basis for objecting to the denial, suspension or revocation.
      5. (E) A copy of CalRecycle's determination letter for the denied application or application renewal, suspension, or revocation.
2. (b) The collector, recycler, or dual entity may appeal CalRecycle's denial of the application or application renewal, suspension, or revocation within 30 calendar days from the date of CalRecycle's determination of the request for reconsideration is electronically mailed to the participant. Any appeal received by CalRecycle after 30 calendar days from the date of CalRecycle's determination of the request for reconsideration shall be denied without a hearing or consideration of the appeal.
3. (c) The appeal provided for in this Section is also governed by the general administrative adjudication provisions of the California Administrative Procedure Act, found at Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11400. This appeal is not subject to the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11500.
4. (d) The collector, recycler, or dual entity must submit the appeal electronically in writing to [email protected]. The collector, recycler, or dual entity shall title the appeal with: “Covered Electronic Waste Application Appeal Enclosed”.

5. (e) In an appeal, a collector, recycler, or dual entity shall include, at a minimum, all of the following information. CalRecycle shall deny the appeal if a collector, recycler or dual entity fails to provide the following:

   1. (1) The collector, recycler or dual entity's name, mailing address, contact name and daytime telephone number.
   2. (2) The type of approval: collector, recycler, or dual entity.
   3. (3) The location and street address.
   4. (4) The date on the notification from CalRecycle and the stated reasons for denial, suspension or revocation.
   5. (5) A statement, which may include providing supporting documentation, of the basis for objecting to the denial, suspension or revocation.
   6. (6) A copy of CalRecycle's reconsideration determination letter.
6. (f) At any time, after filing an appeal and before a decision is issued, CalRecycle, and the collector, recycler, or dual entity may engage in alternative dispute resolution, consistent with the provisions of Government Code Section 11420.10.
7. (g) CalRecycle shall provide a hearing before the director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the application, the reasons for denial, suspension or revocation, and any additional relevant information presented by the collector, recycler, or dual entity or CalRecycle staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision.
8. (h) The hearing officer will notify the collector, recycler or dual entity of the determination in writing within 20 calendar days from the date of the decision.
9. (i) Hearings held pursuant to this section are excluded from all regulations and procedures set forth in Chapter 1, Article 6 of Division 7 of Title 14 of the California Code of Regulations.

Note: Authority cited: Sections 40502, 42475 and 42475.2, Public Resources Code. Reference: Sections 42463, 42474 and 42479, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code.

History

1. New section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.

2. Repealer and new section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.

3. Certificate of Compliance as to 12-13-2004 order, including amendment of section heading and section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).

4. Change without regulatory effect amending subsection (a) and Note filed 9-12-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 37).

5. Change without regulatory effect amending section filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).

6. Amendment of subsection (c) filed 9-17-2018; operative 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).

7. Amendment of subsection (a) and Note filed 12-13-2024 as an emergency; operative 1-1-2025 (Register 2024, No. 50). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 1-1-2027 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Department prior to that date, whichever occurs sooner.

8. Amendment of section heading and section filed 12-11-2025 as a deemed emergency pursuant to Public Resources Code section 42475.2(b); operative 12-11-2025 (Register 2025, No. 50). A Certificate of Compliance must be transmitted to OAL by 12-11-2027 or emergency language will be repealed by operation of law on the following day.

9. New subsection (i) filed 6-24-2026 as an emergency; operative 6-24-2026 (Register 2026, No. 26). Pursuant to Public Resources Code section 42475.2(b), this action is a deemed emergency and shall remain in effect for a period of two years or until revised by CalRecycle, whichever occurs sooner. A Certificate of Compliance must be transmitted to OAL by 6-23-2028 or emergency language will be repealed by operation of law on the following day.