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§ 2071.3. Notice of Probable Violation.

19 CA ADC § 2071.3Barclays Official California Code of RegulationsEffective: January 1, 2023

Barclays California Code of Regulations
Title 19. Public Safety
Division 1. State Fire Marshal
Chapter 14. Hazardous Liquid Pipeline Safety
Article 6. Enforcement Proceedings
Effective: January 1, 2023
19 CCR § 2071.3
§ 2071.3. Notice of Probable Violation.
Currentness
(a) Upon determining that a probable violation of 49 C.F.R. Parts 190, 195, 199, and 40, or California Government Code section 51010 et seq., or Title 19 of the California Code of Regulations, or any regulation or order issued thereunder has occurred, the State Fire Marshal may issue an enforcement proceeding by serving a notice of probable violation on a person or operator
(b) A notice of probable violation issued under this section shall include:
(1) Statement of the provisions of the laws, regulations or orders which the respondent is alleged to have violated and a statement of the evidence upon which the allegations are based;
(2) Notice of response options available to the respondent under Section 2071.4;
(3) If a civil penalty is proposed under Section 2075 or Government Code Section 51018.6, the amount of the proposed civil penalty and the maximum civil penalty for which respondent is liable under law; and
(4) If a compliance order is proposed under Section 51018.8 of the Government Code, a statement of the remedial action being sought in the form of a proposed compliance order.
(c) The State Fire Marshal may amend a notice of probable violation at any time prior to issuance of a final order under Section 2073.1. If an amendment includes any new material allegations of fact or proposes an increased civil penalty amount or new or additional remedial action under Section 51018.8, Government Code, the respondent shall have the opportunity to respond under Section 2071.4.

Credits

Note: Authority cited: Sections 51010, 51011 and 51018.6, Government Code. Reference: Sections 51010, 51011, 51018.6 and 51018.8, Government Code.
History
1. New section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and printing only pursuant to Government Code section 51011 (Register 2022, No. 48).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 19, § 2071.3, 19 CA ADC § 2071.3
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