§ 3102. Supporting Documentation.

(a) The “Attorney General Copy” of the notice of violation and Certificate of Merit shall physically attach the information set forth below. Supporting documentation shall be provided in a legible and organized format. References to studies or other information are not sufficient.

(b) Identification of the person or persons with relevant and appropriate experience or expertise shall include: (1) their full name and address; and (2) sufficient information concerning their background, training and knowledge to establish that they possess the necessary experience or expertise to render a competent opinion on the subject matter for which they have been consulted.

(c) The “facts, studies, or other data regarding the exposure to the listed chemical that is the subject of the action” sufficient to establish the basis of the certificate of merit, i.e., that there is merit to each element of the claim on which the plaintiff will have the burden of proof, shall support each violation alleged in the notice as follows:

(1) For consumer product exposures, sufficient facts, studies, or other data shall be submitted for each consumer product or service, or each specific type of consumer product or service that cause the alleged violation as set forth in the notice;

(2) For occupational exposures, sufficient facts, studies, or other data shall be submitted for each occupational exposure set forth in the notice, whether described by location of the employees, type of task performed, or product used by the employees;

(3) For environmental exposures, sufficient facts, studies, or other data shall be submitted for each location and source of exposure set forth in the notice.

(d) The supporting documentation is not required to contain any information concerning the carcinogenicity or reproductive toxicity of the listed chemical or chemicals to which an exposure is alleged.

HISTORY

1. New section filed 1-17-2003; operative 1-17-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 3).

Note

Note: Authority cited: Section 25249.7(d), (h) and (i), Health and Safety Code. Reference: Section 25249.7(d), (h) and (i), Health and Safety Code.