1. (a) Within one (1) working day of the receipt of an application to install an earthquake resistant bracing system, the department shall provide the applicant with written notice whether the application is complete pursuant to section 1374.6 and acceptable for filing. If the application is not complete, the notice shall specify the information and/or documentation necessary to complete the application. If the application is not complete, the notice, the application and the accompanying documentation shall be returned to the applicant.
2. (b) Within seventeen (17) working days of the receipt of a complete and acceptable application, the department shall issue a permit or shall provide the applicant with written notice of the department's refusal to issue a permit. The written notice of refusal shall specify the reasons why the permit may not be issued.
3. (c) An application for a permit to install an earthquake resistant bracing system shall be considered complete and acceptable if it is in compliance with the provisions of section 1374.6 of this article.
4. (d) Should the applicant fail to submit a complete and acceptable application within ninety (90) days of the notice of rejection, the application shall be deemed abandoned and all fees submitted pursuant to section 1025 shall be forfeited to the department. Should an applicant cancel the application for the permit to install a manufactured home or mobilehome earthquake resistant bracing system, all fees submitted shall be forfeited to the department.
5. (e) The estimated minimum, median, and maximum elapsed time between receipt of a completed application for a permit to install an earthquake resistant bracing system and reaching a final decision are as follows:

6. (1) Minimum

   one (1) working day

7. (2) Median

   two (2) working days

8. (3) Maximum

   1. (2) The petition shall be decided in the applicant's favor, if the department has exceeded the established maximum time period of issuance or denial of the permit and the department has failed to establish good cause for exceeding the time period.
   2. (3) If the petition is decided in the applicant's favor, the applicant shall receive full reimbursement of any and all filing fees paid to the department.

   seventeen (17) working days

   (f)(1) The applicant may request and shall be granted a hearing for a timely resolution of any dispute arising from a violation of the time periods within which the department must process this application as set forth in Section 1757. Such request may be made to the Secretary of the Business, Transportation, and Housing Agency and or the director of the department or his or her duly authorized representative. The request shall be a written petition requesting a hearing which sets forth a brief statement of the grounds therefor as set forth in Section 1756.

Note: Authority cited: Sections 18502.5 and 18613.7, Health and Safety Code, and Section 15376, Government Code. Reference: Sections 18300, 18502.5 and 18613.7, Health and Safety Code, and Section 15376, Government Code.

History

1. New section filed 3-12-90 as an emergency; operative 3-12-90 (Register 90, No. 13). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-10-90.

2. Readoption of emergency language filed 7-9-90; operative 7-10-90 (Register 90, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-7-90 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-9-90 order transmitted to OAL on 10-17-90; disapproved by OAL on 11-16-90. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 2).

4. New section filed 11-26-90 as an emergency; operative 11-26-90 (Register 91, No. 2). A Certificate of Compliance must be transmitted to OAL by 3-26-91 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 11-26-90 order including amendment of subsections (a), (b), (e) and (f) transmitted to OAL 3-25-91 and filed 4-24-91 (Register 91, No. 24).

6. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).

7. Amendment of subsection (f)(1), repealer of subsections (f)(2)-(4) and subsection renumbering filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7).