1. (a) Forms and Formats Specified by the Executive Director. The Executive Director may specify and require the use of any form or format for the submittal of any data, reports, or other information required by this Article, including but not limited to computer programs or formats.

2. (b) Electronic Filing.

   1. (1) Unless otherwise stated in this Article, the statements and other submittals required or allowed by this Article shall be filed electronically to the CEC's database so that the electronic filing to the CEC's database uses a format and characteristics, including without limitation appropriate formatting, that are specified by the Executive Director in sections 3123, 3125, and 3131.

   2. (2) Any electronic filing to the CEC's database constitutes a representation by the person making the filing that:

      1. (A) All applicable requirements of this Article have been met;
      2. (B) The person will electronically acknowledge receipt through the CEC's database of all electronic communications concerning the filing from the Executive Director through the CEC's database to the person;
      3. (C) All electronic communications concerning the filing from the Executive Director through the CEC's database to the person shall be deemed received by the person upon notification to the Executive Director, by the computer or other electronic device from which the Executive Director communication has been sent, that the communication has been sent; and
      4. (D) All electronic communications concerning the filing from the person to the Executive Director shall be deemed received by the Executive Director only upon actual receipt.
   3. (3) At any time the Executive Director may forbid electronic filings by any person or enrolled charging network provider and may remove affected information from the CEC's database upon finding that an applicable requirement of this Article is not being met.

3. (c) Retention of Records. Recordkeeping and reporting agents shall retain all data, forms, information, and all other records required by this Article:

   1. (A) For at least two years after the record was generated, except as specified in section 3125(c) and (d), and section 3126(a) and (b); and
   2. (B) In a manner allowing ready access by the Executive Director on request.

4. (d) Appeal to CEC. Within 30 days of any decision or determination made by the Executive Director pursuant to this Article, any entity subject to the part of the decision or determination at issue may appeal the decision or determination to the CEC. The following procedures apply to the appeal:

   1. (1) The appeal shall be signed by the appellant, and filed with the CEC's Docket Unit by mail or email, as set forth in sections 1208 and 1208.1. The appeal shall consist of a written argument, stating the grounds for modifying or reversing the decision, identifying the statutes and regulations relevant to the appeal, and stating whether an oral hearing is requested. The appeal shall include a copy of all relevant notices, responses, correspondence, documents, and decisions.
   2. (2) Within 30 days after the date the appeal was filed, the Executive Director shall provide the appellant and the CEC a written decision or determination, stating the grounds for affirming, modifying, or reversing the decision, identifying the statutes and regulations relevant to the appeal, and stating whether an oral hearing is requested. The Executive Director's written decision or determination shall also be accompanied by any relevant notices, responses, correspondences, documents, and decisions not previously provided by the appellant.

   3. (3) CEC Consideration of Appeal:

      1. (A) The proceedings on appeal shall be conducted using informal hearing procedures in a manner consistent with Government Code sections 11425.10 and 11445.10 and Title 20 CCR sections 1200 through 1216. The Chair may appoint a committee to conduct proceedings including an oral hearing, if any. If the Chair appoints a committee, the presiding member of the committee shall prepare a proposed decision for consideration at a business meeting for potential adoption by the CEC. At the conclusion of an oral hearing or anytime thereafter, or if no oral hearing is requested then anytime after the Executive Director submits its written decision or determination, the presiding member may close the hearing record and preclude additional testimony and evidence.
      2. (B) The CEC shall review the decision or determination made pursuant to this Article de novo.

Note: Authority cited: Sections 25213, 25216.5, 25218(e), 25231.5, 25301, 25302, 25303, 25304, 25305, 25400, 25401, 25601, 25602 and 25618, Public Resources Code. Reference: Sections 25210, 25216.5, 25229, 25231.5, 25300, 25301, 25302, 25303, 25304, 25305, 25324, 25400, 25401, 25601, 25602 and 25618, Public Resources Code.

History

1. New section filed 3-10-2026; operative 4-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 11).