Section 25299.56 Of Article 6. Underground Storage Tank Cleanup Fund From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 6.
25299.56
. (a) The board shall determine an applicant's eligibility
for a claim for corrective action costs or third-party compensation
costs pursuant to Section 25299.57 or 25299.58 and notify the
applicant of that determination within 60 days from the date of the
receipt of the fund application. The board may classify the claimant'
s application pursuant to Section 25299.52 after that 60-day period.
If the board sends an applicant a determination of eligibility
pursuant to this subdivision, the board shall not revoke that
determination of eligibility, unless the application contained
fraudulent information or a misrepresentation. However, the board may
suspend making a reimbursement for a claim until the claimant
corrects any deficiencies that are the basis for the suspension.
Reinstatement of reimbursement shall occur when funds are available
and that reinstatement shall be made ahead of any new letters of
commitment issued as of the date of reinstatement.
(b) A claimant may request review of any determination of
eligibility or disapproval of reimbursement. The review shall be
conducted and a decision rendered within 30 days from the date of
receipt of the request.
(c) A claimant may file a petition for review, in writing, with
the board with regard to any determination or disapproval that is
unresolved to the satisfaction of the claimant upon expiration of the
30-day period specified in subdivision (b) and the board shall take
final action on the petition within 90 days of the board's receipt of
a complete petition for review, except that if the board initiates
an adjudicative proceeding on the petition, the board shall take
final action within 270 days of the board's receipt of a complete
petition for review.
(d) Final action on a petition taken by the board is a final
agency action for the purposes of judicial review of a board
decision.
(e) A claimant may, not later than 30 days from the date of final
action by the board pursuant to subdivision (c), file with the
superior court a petition for writ of mandate for review of the
decision. If the claimant does not file a petition for writ of
mandate within the time provided by this subdivision, a board
decision shall not be subject to review by the court. Section 1094.5
of the Code of Civil Procedure shall govern the proceeding for a
petition filed pursuant to this subdivision. For purposes of
subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the
court shall uphold the decision if the decision is based upon
substantial evidence in light of the whole record.
(f) Except as specified in subdivision (g), the procedures in
Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1
of Division 3 of Title 2 of, and in Section 11513 of, the Government
Code apply to any adjudicative proceedings conducted by the board
pursuant to this article.
(g) (1) Notwithstanding subdivision (f), Sections 801, 802, 803,
804, and 805 of the Evidence Code apply to any adjudicative
proceeding conducted by the board pursuant to this article.
(2) This section is not a limitation on the authority of the board
to authorize the use of the procedure provided in Article 10
(commencing with Section 11445.10) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of the Government Code.