1. (a) An approved recycler or dual entity may request reconsideration of a denied or adjusted claim by submitting a written request for reconsideration electronically to [email protected] within 30 calendar days of the date of the notice denying or adjusting the claim. The recycler shall title the electronic request with: “Request for Reconsideration”.

   1. (1) Any request for reconsideration received by CalRecycle after 30 calendar days from the date of the claim denial or adjustment from CalRecycle shall be denied without reconsideration of the claim denial or adjustment and the claim denial or adjustment may not be appealed.

   2. (2) An approved recycler or dual entity shall include all of the following information in a request for reconsideration:

      1. (A) The approved recycler's or dual entity's name and Proof of Approval identification number.
      2. (B) The month(s) and year(s) of the recycling payment claim.
      3. (C) A copy of CalRecycle's determination letter denying or adjusting the claim.
      4. (D) An explanation, which may include providing supporting documentation, of why the adjustment or denial was in error.
   3. (3) CalRecycle shall deny the request for reconsideration if an approved recycler or dual entity fails to provide the information requested in subsection (2).
   4. (4) CalRecycle shall have 30 calendar days from the electronic submission date of the request for reconsideration to reconsider the claim adjustment or denial and shall notify the approved recycler or dual entity of its determination. The approved recycler or dual entity and CalRecycle may agree in writing to extend this timeline.
2. (b) The approved recycler or dual entity may appeal CalRecycle's claim adjustment or denial within 30 calendar days from the date of CalRecycle's determination of the request for reconsideration. 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) An approved recycler or dual entity shall include all of the following information in a written appeal submitted electronically to CalRecycle at [email protected]. CalRecycle shall deny the appeal if an approved recycler or dual entity fails to provide the following information:

   1. (1) The approved recycler's or dual entity's name and Proof of Approval identification number.
   2. (2) The month(s) and year(s) of the recycling payment claim.
   3. (3) A copy of CalRecycle's determination letter denying or adjusting the recycling payment claim.
   4. (4) An explanation, which may include providing supporting documentation, of why the adjustment or denial was in error.
   5. (5) A copy of CalRecycle's reconsideration determination letter.
4. (d) At any time after filing a claim appeal and before a decision is issued, CalRecycle and the approved recycler or dual entity may engage in alternative dispute resolution, consistent with the provisions of Government Code Section 11420.10.
5. (e) 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 claim, the reasons for payment denial or payment adjustment, and any additional relevant information presented by the approved recycler or dual entity or CalRecycle staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision.
6. (f) In hearings held pursuant to this section, the appellant has the burden to prove by preponderance of the evidence that it has complied with all applicable laws and regulations thereby entitling the appellant to payment on the recycling claim.
7. (g) The hearing officer will notify the approved recycler or dual entity of the determination in writing within 20 calendar days from the date of the decision.
8. (h) This 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.
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(b) and 42475.2, Public Resources Code. Reference: Sections 42463, 42474(e)(3), 42476 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 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 subsections (a)-(b) and (d)-(e), repealing subsection (f), relettering subsection and amending newly designated subsection (f) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).

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

7. Amendment of section heading, section and Note 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.

8. New subsections (f) and (i), subsection relettering and amendment of Note 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.