Covered Electronic Waste Recycling Program Enforcement Emergency Regulations

The Covered Electronic Waste (CEW) Recycling Program includes procedures for collectors, recyclers, or dual entities to appeal a decision by CalRecycle to deny an application or application renewal, suspension, or revocation, and for recyclers or dual entities to appeal a decision by CalRecycle to adjust or deny a payment claim. In addition, the CEW Recycling Program also includes procedures for imposing administrative civil penalties for false statements or representations. Under the current regulations, in response to an appeal or the issuance of an accusation seeking administrative civil penalties, CalRecycle must provide a hearing before the CalRecycle Director, or his or her designee, who shall act as a hearing officer. The electronic waste (e-waste) collection and recycling documentation that is disclosed during one of these hearings is proprietary and trade secret because it generally requires information that might allow the public and competitors to determine a collector or recycler’s market share, its business partnerships and contacts, operational business models, and transactions. In addition, e-waste collection documentation that is required during these hearings would most likely disclose confidential information that must be protected under state law. The proposed emergency regulations expressly exempt the CEW Recycling Program from the regulations and procedures instituted in CalRecycle’s Administrative Hearing Regulations (set forth in Chapter 1, Article 6 of Division 7 of Title 14 of the California Code of Regulations) and specify the burden of proof on an appeal of a payment claim adjustment or denial. These emergency regulations are necessary to maintain existing program practices with respect to appeals and administrative hearings, and to provide clarification with respect to the burden of proof on an appeal of a decision by CalRecycle to adjust or deny a payment claim.