§ 15300. Prior Notification and Approval by the Secretary.

(a) A CUPA must notify and receive approval from the Secretary prior to instituting the following significant changes:

(1) Addition or deletion of a program element;

(2) Replacement or addition of a PA.

(b) The CUPA shall submit a proposal for change in the Unified Program to the Secretary. The proposal shall include the following if applicable:

(1) Explanation of the proposed changes in sufficient detail to enable a full understanding of the roles and responsibilities of the CUPA, each member of a Joint Powers Authority (JPA), and all PAs;

(2) PA agreements for any new PAs or any changes in the role or responsibilities of any PA;

(3) Adequate information to enable the Secretary to determine that agencies proposed to implement some element of the Unified Program meet requirements including technical expertise, training, and education applicable to those elements; and

(4) Sufficient information to enable the Secretary to determine that adequate resources exist to carry out all aspects of the Unified Program.

(c) The CUPA shall notify any affected PA.

(d) Any PA implementing a program element that is subject to proposed change shall have the opportunity to comment on the proposed change.

(e) The Secretary shall review proposed changes to a Unified Program in consultation with other affected state agencies.

(1) The Secretary may conduct a public hearing if in the Secretary's opinion the proposed changes are likely to generate significant public interest.

(f) The Secretary shall approve or disapprove of the CUPA's proposal within 60 days of receipt of the proposal by certified mail.

(g) Within 30 days of receipt of the Secretary's decision, the CUPA may appeal a decision pursuant to this section.

(1) The appeal shall respond to the reasons specified in the Secretary's decision and may propose additional changes necessary to correct deficiencies in the original proposal.

(2) The appeal process shall be completed within 60 days of receipt of the appeal.

(3) The Secretary's final decision on the proposal changes shall be issued by certified mail within the 60-day appeal timeframe.

HISTORY

1. New article 7 and section filed 11-14-94 as an emergency; operative 11-14-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day.

2. New article 7 and section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 or emergency language will be repealed by operation of law on the following day.

3. New article 7 and section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day.

4. New article 7 and section refiled 11-3-95 as an emergency; operative 11-3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 or emergency language will be repealed by operation of law on the following day.

5. Certificate of compliance as to 11-14-94 order transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).

6. Amendment of section heading and section, including renumbering and amendment of former section 15310 to subsections 15300(b)-(g)(3), and amendment of Note filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).

7. Change without regulatory effect renumbering subsections (b)(1)-(2) filed 3-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 12).

8. Amendment of subsections (b)(1)-(2) filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).

Note

Note: Authority cited: Sections 25404, 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.2(c), 25404.3, 25404.3(d) and 25404.4(a), Health and Safety Code.