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Mr. Victorio Aranda, Assignee -4- DEC 13 2010 <br /> Claim No. 018916 <br /> individual meet the requirements for this priority class change. However, no <br /> documentation was submitted to confirm that Oakden met the Priority Class "B" <br /> requirements at the time of the original application submittal. By letters dated <br /> September 30, 2009, and February 4, 2010, Fund staff requested you identify any of the <br /> Assignor's potential affiliates and provide the necessary tax documentation to complete <br /> the review. To date, the Fund has not received a response. <br /> Discussion <br /> As discussed, the priority classification of this claim is based on Oakden Trust. Your <br /> claim does not meet Priority "B" classification requirements because: <br /> • The owner and operator at the time of the discovery of release to the Fund was a <br /> Priority Class "C" as noted on the original application. <br /> • You did not submit complete federal tax returns for the Assignor and for each <br /> affiliate for three calendar years prior to the date of the claim application submittal. <br /> • You did not submit documentation supporting the number of employees for the <br /> Assignor, their business and any affiliates [i.e. Employment Development <br /> Department (DE-6) payroll reports] for the four quarters prior to the date of claim <br /> application submittal. <br /> • You did not submit the form, Request for Assignment of Claim to Priority Class B <br /> Addendum for the Assignor. <br /> • You did not complete the form, Worksheet for Priority Class B Claimants for the <br /> Assignor. <br /> Appeal Process <br /> This represents an FMD in this matter. In accordance with section 2814.1 of the Fund <br /> Regulations, if you are not in agreement with this FMD, you may request a Final <br /> Division Decision (FDD). The appeal must be received by the Deputy Director of the <br /> Division of Financial Assistance within 60 days of the date of this letter. If you do not <br /> request an FDD within those 60 days, this decision will become final and conclusive. <br /> The request should be sent to: <br /> Mr. Esteban Almanza, Deputy Director USTCF Claim No. 018916 <br /> Division of Financial Assistance <br /> State Water Resources Control Board <br /> P.O. Box 944212 <br /> Sacramento, CA 94244-2120 <br /> California Environmental Protection Agency <br /> A <br />