Appeals and Petitions for Stay
Guidance for parties seeking to petition for stay (temporary suspension) of an enforcement order issued by a local enforcement agency (LEA) or appeal the decision of a hearing panel or hearing officer.
Parties subject to an enforcement order issued under the California Integrated Waste Management Act may be entitled to request that CalRecycle grant a stay of the order or consider an appeal under certain sections of the Public Resources Code (PRC).
This page provides general information about how to submit these types of requests to CalRecycle.
The information below is provided as a courtesy and does not constitute legal advice or binding regulatory guidance. Parties are responsible for ensuring compliance with all applicable laws and deadlines.
Petition for Stay
A person subject to an enforcement order may file a written petition under PRC section 45017 requesting that CalRecycle’s Director stay the effect of that order pending completion of an appeal by the LEA.
The written petition should:
- Clearly state that it is a petition for stay under PRC section 45017
- Include a copy of the LEA order at issue
- Identify the petitioner and any applicable representative, and provide contact information
- Identify the LEA’s representative for service and their contact information and
- Include any documentation the petitioner wishes CalRecycle to consider in evaluating the request.
Appeal of an LEA Decision
A person who has requested a hearing before a hearing panel or hearing officer under PRC sections 44307 and 44310 may appeal the subsequent written decision, or the governing body’s failure to issue a written decision or hold the requested hearing, to CalRecycle per PRC section 45030.
The written appeal should:
- Clearly state that it is an appeal under PRC section 45030
- Attach a copy of the LEA decision and/or order being appealed
- Identify the appellant and any applicable representative, and provide contact information
- Identify the LEA’s representative for service and their contact information and
- Include any additional materials the appellant believes support their position.
Upon receiving a timely submission, CalRecycle will determine whether to accept it, review the administrative record from the LEA and hearing panel, and may permit the submission of written arguments.
Submission Information
Appeals and petitions must be submitted in writing by email to HearingOffice@calrecycle.ca.gov or served on 1001 I Street, 25th Floor, Sacramento, CA 95814.
Note: Oral argument and supplemental briefing on petitions and appeals may be allowed at CalRecycle’s discretion but are not guaranteed.