California Health and Safety Code 17930 – Except as provided in Section 18945, the director or the director’s …
Except as provided in Section 18945, the director or the director’s designee shall hear appeals brought by any person as to the application of any rule or regulation promulgated pursuant to this part, except a building standard published in the State Building Standards Code, to such person under any facts and circumstances presented to the director or the director’s designee by the person alleging that the application or enforcement of any other rule or regulation by the department under the facts and circumstances is an erroneous or unlawful application or enforcement of the other rule or regulation by the department. Any appeal shall be submitted through the designated local agency.
Any appeal alleging erroneous or unlawful application by the department of a building standard published in the State Building Standards Code may be brought pursuant to the provisions of Chapter 5 (commencing with Section 18945) of Part 2. 5.
Terms Used In California Health and Safety Code 17930
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Building: means a structure subject to this part. See California Health and Safety Code 17920
- Building standard: means building standard as defined in Section 18909. See California Health and Safety Code 17920
- Department: means the Department of Housing and Community Development. See California Health and Safety Code 17920
- Director: means "State Director of Health Services. See California Health and Safety Code 21
- Enforcement: means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. See California Health and Safety Code 17920
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
The director or the director’s designee shall not, however, hear any appeals regarding local regulations which have been adopted pursuant to Sections 17958.5 and 17958.7.
(Amended by Stats. 1982, Ch. 1020, Sec. 1.)