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§ 4252. Response Options to a Notice of Probable Violation.

19 CA ADC § 4252BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 19. Public Safety
Division 4. California Underground Facilities Safe Excavation Board
Chapter 3. Enforcement
Article 2. Enforcement of Violations
19 CCR § 4252
§ 4252. Response Options to a Notice of Probable Violation.
(a) If a penalty or corrective action is stated in a notice of probable violation, the respondent must respond by choosing one of the following options in writing, which must be received by the Board within 30 business days of the date of the notice of probable violation:
(1) Respondent may choose not to contest the allegation, penalty (if any), and corrective action (if any).
(A) If the respondent is under the jurisdiction of the Board pursuant to Government Code section 4216.6, subdivision (e), the respondent shall pay any penalty and complete any corrective action, in accordance with section 4256, as may be provided in the notice of probable violation and ordered by the Board.
(B) If, the respondent is under the jurisdiction of a state or local agency referenced in subdivisions (c) or (d) of Government Code section 4216.6, the Board will transmit the investigation results and any recommended penalty to the appropriate agency.
(2)(A) Respondent may submit a written explanation and other records the respondent believes may warrant modification or elimination of the penalty or corrective action for the Board's consideration at a public meeting held in accordance with the Bagley-Keene Open Meeting Act (Government Code section 11120 et seq.).
(i) Respondent must provide a minimum of one original and 12 copies of the original written response to staff, or submit the written response electronically as provided on the Board's website: digsafe.fire.ca.gov. The written response must not exceed 10 pages (excluding exhibits), must be on 8 1/2” x 11” white paper, double-spaced text lines, and minimum 11-point font text. The 10-page limit may be extended at respondent's request by the Chair or Vice-Chair of the Board, depending on the complexity of the facts and evidence. Respondent must submit such a request to staff within 5 business days of the date of the notice of probable violation, which shall include the basis for the request. Staff shall notify respondent of the Chair's or Vice-Chair's decision within 10 business days of receipt of respondent's request.
(ii) The public meeting shall be held no later than 60 business days from the date of the Board's receipt of respondent's response. If a quorum of the Board cannot be gathered at the public meeting, the Board may consider the matter at the next public meeting where a quorum is present. At that public meeting or thereafter, within 45 business days or at the next public meeting where a quorum of the Board is present, the Board shall adopt a written decision or recommendation, as applicable. The Board's decision is effective upon the adoption of the written decision or a later date as may be provided in the written decision.
(iii) If the respondent is under the jurisdiction of the Board pursuant to Government Code section 4216.6, subdivision (e), the respondent shall pay any penalty and complete any order for corrective action, in accordance with section 4256, that may be ordered by the Board.
(iv) If the respondent is under the jurisdiction of a state or local agency referenced in subdivisions (c) or (d) of Government Code section 4216.6, the Board will transmit the investigation results and any recommended penalty to the appropriate agency.
(3) Respondent may request an informal hearing before the Board at a public meeting held in accordance with the Bagley-Keene Open Meeting Act (Government Code section 11120 et seq.), as provided in section 4253.
(A) If the respondent is under the jurisdiction of the Board pursuant to Government Code section 4216.6, subdivision (e), the respondent shall pay any penalty and complete any order for corrective action, in accordance with section 4256, that may be ordered by the Board.
(B) If the respondent is under the jurisdiction of a state or local agency referenced in subdivisions (c) or (d) of Government Code section 4216.6, the Board will transmit the investigation results and any recommended penalty to the appropriate agency.
(4) If the respondent is under the jurisdiction of the Board pursuant to Government Code section 4216.6, subdivision (e), the respondent may request a hearing before an Administrative Law Judge of the Office of Administrative Hearings, as provided in section 4254.
(5) If, pursuant to Government Code section 4216.6, subdivision (c), the respondent is under the jurisdiction of the Registrar of Contractors of the Contractors State License Board, the Public Utilities Commission, or the Office of the State Fire Marshal, the respondent may contest the allegation, penalty (if any), or corrective action (if any) and request the Board to make a recommendation to the state entity with jurisdiction over the respondent.
(b) The Board shall notify respondent of the date, time, and location of any public meeting or hearing under subdivision (a)(2) or (a)(3) at least 20 business days before the public meeting or hearing. The Board shall also notify respondent of any Board decision or recommendation within 2 business days of the Board's decision or recommendation.
(c) Failure of a respondent to respond as required by subdivision (a) constitutes a waiver of any right to appeal the Board's decision to either (1) transmit the investigation results and any recommended penalty to another state or local agency pursuant to Government Code section 4216.19, or (2) impose a civil penalty or order corrective action pursuant to Government Code section 4216.6.
Note: Authority cited: Section 4216.22, Government Code. Reference: Sections 4216.6, 4216.12 and 4216.19, Government Code.
HISTORY
1. New section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
This database is current through 11/13/20 Register 2020, No. 46
19 CCR § 4252, 19 CA ADC § 4252
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