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§ 2299.05. Preliminary Actions.

2 CA ADC § 2299.05Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 2. Administration
Division 3. State Property Operations
Chapter 1. State Lands Commission (Refs & Annos)
Article 4.9. Marine Invasive Species Act Enforcement and Hearing Process
2 CCR § 2299.05
§ 2299.05. Preliminary Actions.
(a) Prior to pursuing any enforcement action under the provisions of this article, the following preliminary procedures shall be followed.
(1) The Executive Officer shall provide a written notice of a violation to the cited party containing the following:
(A) a description of the violation;
(B) a statement that enforcement proceedings may be initiated; and
(C) notification that the cited party may, within ten (10) working days after receipt of the notice, submit a request in writing to the Executive Officer for a preliminary meeting.
(2) If the cited party requests a preliminary meeting with the Executive Officer, that meeting shall be held prior to any further enforcement actions and may include any discussions relating to the violations in question, including, but not limited to, whether a violation had in fact occurred, what evidence exists for the violation, and what classification should apply for each violation.
(3) If the cited party so requests and agrees to pay for all costs, the preliminary meeting shall be recorded and a transcript shall be prepared.
(4) The preliminary meeting shall be scheduled at the Executive Officer's discretion, but shall in no event be scheduled more than thirty (30) calendar days after the request for the meeting is received by the Executive Officer.
(5) Within ten (10) working days after the preliminary meeting, the Executive Officer shall provide written notice to the cited party of the decision as to whether enforcement action is to proceed.
(b) If, after the procedures within subdivision (a) are followed, the Executive Officer finds that the cited party has committed a violation of any provision referred to in this article, the Executive Officer may take any or all of the following actions:
(1) initiate proceedings pursuant to section 71216 of the PRC against the cited party to administratively impose civil penalties;
(2) take whatever legal action is necessary and appropriate to obtain an order from the court enjoining the violation;
(3) notify the appropriate federal agency of any violation which may also constitute violation of federal law or regulation; or
(4) refer the violation to the local district attorney for prosecution pursuant to section 71217 of the PRC.
(c) It is unnecessary for the Executive Officer to comply with the procedures of this section when issuing an order for a vessel to depart the waters of the state pursuant to section 71207, subdivision (d) of the PRC.


Note: Authority cited: Sections 71201.7, 71207 and 71216, Public Resources Code. Reference: Section 71207, 71216 and 71217, Public Resources Code.
1. New section filed 3-21-2017; operative 7-1-2017 (Register 2017, No. 12).
This database is current through 3/10/23 Register 2023, No. 10.
Cal. Admin. Code tit. 2, § 2299.05, 2 CA ADC § 2299.05
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