Section 830.10 - Certification Modification, Suspension, or Revocation(a) Criteria for Modification, Suspension, or Revocation.(1) Criteria for modification. The Administrator may modify a certification at any time if the certified spill management team does not meet the tier requirements for which certification was granted. Situations that may cause a modification include, but are not limited to, a failure to meet the objectives of an announced or unannounced exercise, failure to perform certified spill management team services at a spill, or a significant change as described in section 830.9. The certified spill management team shall only provide services consistent with the modified certification.(2) Criteria for suspension. The Administrator may suspend a certification at any time if the certified spill management team does not meet the tier requirements for which the certification was granted. Situations that may cause a suspension include, but are not limited to, self-initiated stoppage of services, bankruptcy, natural disaster, or a situation beyond the control of the certified spill management team that prohibits it from providing the certified services. A certified spill management team with a suspended certification cannot be relied upon by a plan holder for the suspended services until either the suspension is lifted or the certification is modified.(3) Criteria for revocation. The Administrator may revoke a certification based on a determination that the certified spill management team is not capable of meeting the requirements found within this subchapter. Criteria that shall factor into the Administrator's decision to revoke include, but are not limited to, multiple certification modifications or suspensions, or persistent, unsatisfactory performance at exercises or actual spills.(b) Procedure for Modification, Suspension, or Revocation.(1) When the Administrator modifies, suspends, or revokes a certified spill management team's certification, the certified spill management team shall be notified in writing by certified or registered mail of the reasons for the modification, suspension, or revocation.(A) Procedure for modification. The modification shall be effective 15 calendar days after issuance. A plan holder and any person or affiliated person who provides personnel to a plan holder certified spill management team may reapply for a certification that has been modified. The application shall include a narrative describing what measures were taken to correct the deficiencies outlined in the modification letter, and may be delivered by mail or e-mail as described in subsection 830.7(a)(3). The Administrator will review the application within 15 calendar days after receipt and determine whether to maintain the modification or return the certification to regular status.(B) Procedure for suspension. The suspension shall be effective 15 calendar days after issuance. A plan holder and any person or affiliated person who provides personnel to a plan holder certified spill management team may submit a written request for the suspension to be lifted. The Administrator will review the request within 15 calendar days after receipt and determine whether to maintain the suspension or lift the suspension.(C) Procedure for revocation. The revocation shall be effective 15 calendar days after issuance. A plan holder and any person or affiliated person who provides personnel to a plan holder certified spill management team shall have 30 calendar days after the date of receipt of the revocation to reply in writing addressing the reasons for the revocation. The Administrator shall review the reply within 15 calendar days after receipt and determine whether to maintain or rescind the revocation.Cal. Code Regs. Tit. 14, § 830.10
1. New section filed 12-28-2021; operative 4-1-2022 (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive order N-71-20. Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.) Note: Authority cited: Sections 8670.5, 8670.7, 8670.29 and 8670.32, Government Code. Reference: Sections 8670.10, 8670.28, 8670.29 and 8670.32, Government Code.
1. New section filed 12-28-2021; operative 4/1/2022 (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive order N-71-20. Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)