1-321 Petition Processing by Proposing or Adopting Agencies
Upon receipt of a petition forwarded by the Commission, or a petition received directly from a petitioner, the proposing or adopting agency shall be responsible for the following duties:
- If the proposing or adopting agency receives a forwarded petition from the Commission but disagrees with the Commission's determination that a petition is complete, or if the proposing or adopting agency believes the petition is in the jurisdiction of a different agency, the proposing or adopting agency shall notify the Commission in writing within 45 days after the date of receiving the petition. In notifying the Commission, the agency shall include an itemization of the missing or incomplete items and/or reasons why the petition is not within the proposing or adopting agency's authority as provided in statute.
- If the proposing or adopting agency determines that a received petition, which has not been forwarded by the Commission, does not meet the requirements of this article for petitions, the agency shall, within 45 days after the date of receiving the petition, provide the petitioner written notification of the determination with itemization of the missing or incomplete items. The agency shall provide the Commission a copy of the notification at the time the notification is sent to the petitioner.
- The agency may deny or accept a petition in part and may grant other relief or take other action as it may determine to be warranted by the petition and shall notify the petitioner and Commission in writing of the action.
- If the agency denies the petition for cause pursuant to Section 1-323 of this article [Criteria fordenying a petition], it shall do so in writing within 45 days after the date of receiving the petition from the petitioner, or the referral by the Commission.
- If the agency accepts the petition, it shall notify the petitioner and Commission in writing within 45 days after the date of receiving the petition. For the purposes of this section, accepting the petition indicates that the agency believes the issue(s) merit(s) proceeding to the development of a code change submittal as prescribed in this chapter.
- If the accepted petition contains an emergency clause, the agency shall also rule on the existence of an emergency. If the agency concurs that an emergency exists, it shall schedule code development and begin adoption procedures on an emergency basis in accordance with section 1-419 of this chapter. The agency shall notify the Executive Director of its intent to commence rulemaking pursuant to Health and Safety Code Section 18926(b).
Authority: Health and Safety Code Sections 18931, 18949.1, 18949.2, 18949.3, 18949.5 and 8949.6.
Reference: Health and Safety Code Sections 18926, 18931 and 18949.6.