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AB 1465 Assembly Bill-AMENDED http://www.leginfo.ca.gov/pub/bill/wmiab...00/ab_1465_bill_20010404_amended_asm.html <br /> revenues consisting of all of the following: secured and unsecured <br /> revenues; less than countywide funds, secured and unsecured; prior <br /> year secured and unsecured penalties and delinquent taxes; sales and <br /> use taxes; transportation taxes (nontransit) ; property transfer <br /> taxes; transient lodging taxes; timber yield taxes; aircraft taxes; <br /> franchise taxes; fines, forfeitures, and penalties; revenues from use <br /> of money and property; motor vehicle in-lieu taxes; trailer coach <br /> in-lieu taxes; homeowner property tax relief; open-space tax relief; <br /> and cigarette taxes. <br /> SEC. 6. Section 25299.56 of the Health and Safety Code is amended <br /> to read: <br /> 25299.56. (a) The board shall determine an applicant's <br /> eligibility for a claim for corrective action costs or third-party <br /> compensation costs pursuant to Section 25299.57 or 25299.58 and <br /> notify the applicant of that determination within 60 days from the <br /> date of the receipt of the fund application. The board may classify <br /> the claimant's application pursuant to Section 25299.52 after that <br /> 60-day period. If the board sends an applicant a determination of <br /> eligibility pursuant to this subdivision, the board shall not revoke <br /> that determination of eligibility, unless the application contained <br /> fraudulent information or a misrepresentation. However, the board <br /> may suspend making a reimbursement for a claim until the claimant <br /> corrects any deficiencies that are the basis for the suspension. <br /> Reinstatement of reimbursement shall occur when funds are available <br /> and that reinstatement shall be made ahead of any new letters of <br /> commitment issued as of the date of reinstatement. <br /> (b) A claimant may request review of any claim or portion of a <br /> claim not paid. The review shall be conducted and a decision <br /> rendered within 30 days from the date of receipt of the request. <br /> (c) A claimant may file a petition for review, in writing, with <br /> the board with regard to any unpaid claim that is unresolved to the <br /> satisfaction of the claimant upon expiration of the 30-day period <br /> specified in subdivision (b) and the board shall take final action on <br /> the petition within 90 days of the board's receipt of a complete <br /> petition for review, except that if the board initiates an <br /> adjudicative proceeding on the petition, the board shall take final <br /> action within 270 days of the board's receipt of a complete petition <br /> for review. <br /> (d) Final action on a petition taken by the board is a final <br /> agency action for the purposes of judicial review of a board <br /> decision. <br /> (e) A claimant may, not later than 30 days from the date of final <br /> action by the board pursuant to subdivision (c) , file with the <br /> superior court a petition for writ of mandate for review of the <br /> decision. If the claimant does not file a petition for writ of <br /> mandate within the time provided by this subdivision, a board <br /> decision shall not be subject to review by the court. Section 1094.5 <br /> of the Code of Civil Procedure shall govern the proceeding for a <br /> petition filed pursuant to this subdivision. For purposes of <br /> subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the <br /> court shall uphold the decision if the decision is based upon <br /> substantial evidence in light of the whole <br /> record. <br /> (f) Except as specified in subdivision (g) , the procedures in <br /> Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 <br /> of Division 3 of Title 2 of, and in Section 11513 of, the Government <br /> Code apply to any adjudicative proceedings conducted by the board <br /> pursuant to this article. <br /> (g) (1) Notwithstanding subdivision (f) , Sections 801, 802, 803, <br /> 804, and 805 of the Evidence Code apply to any adjudicative <br /> proceeding conducted by the board pursuant to this article. <br /> 9 of 15 4/24/013:49 PM <br />