1. (a) The board's determination that a person is required to pay a fee, or determination regarding the amount of the fee, shall be subject to reconsideration under chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code. Any petition for reconsideration shall be submitted by the fee payer in accordance with that chapter and article 12 (commencing with section 768) of chapter 2 of division 3 of this title.

   1. (1) The petition also shall specify why the petitioner believes that no fee is due or how the petitioner believes that the amount of the fee has been miscalculated.

   2. (2) A petition for reconsideration of a fee assessed by the State Board of Equalization must either include either a copy of the notice of assessment or all of the following information:

      1. (A) The fee payer's name;
      2. (B) The water right or State Board of Equalization identification number;
      3. (C) The amount assessed; and
      4. (D) The billing period or assessment date.
2. (b) If the subject of a petition for reconsideration relates to an assessment by the State Board of Equalization, the board's decision regarding an annual fee shall be deemed adopted on the date of assessment by the State Board of Equalization. A petition for reconsideration is timely filed only if the board receives the petition within 30 days of the date the assessment is issued.
3. (c) The State Board of Equalization shall not accept a petition for reconsideration of the board's determination that a person is required to pay a fee, or the amount of the fee. If the State Board of Equalization receives any petition for reconsideration, it shall promptly forward the petition to the board.

Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1120 and 1537, Water Code.

History

1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.

2. Amendment of subsections (a) and (b) and amendment of Note filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.

3. Amendment of subsection (b) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).

4. Editorial correction of History 3 (Register 2008, No. 45).

5. Redesignation and amendment of portions of former subsection (a) as new subsections (a)(1)-(2) and new subsections (a)(2)(A)-(D) filed 11-5-2008 as an emergency; operative 11-5-2008. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).