1. 1. grant the permit; or
2. 2. clearly state the availability, if any, of alternative routes known by the Department or mitigation measures that would result in a grant of the permit; or

3. 3. deny the permit and advise the applicant of the opportunity to engage in a formal appeal process.

   If the District Director denies the request, the applicant shall respond within 15 business days of receipt of the District Director's denial to request an appeal to the Department Director.

The applicant may request reconsideration of the denial of an encroachment permit application for broadband facility installation or the grant of a permit with conditions that the applicant challenges, by sending a “Dispute Letter” to the District Director setting forth the grounds for challenging the denial or disputed conditions within 15 business days of the date the “Denial Letter” was mailed.

The District Director or delegate shall send a written response to the applicant within 15 business days of receiving the “Dispute Letter.” In the response, the District Director or delegate shall:

Note: Authority cited: Section 671.5, Streets and Highways Code. Reference: Sections 670 and 671.5, Streets and Highways Code; Executive Order S-23-06.

History

1. New section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).