(a) The Department shall commence an action to impose administrative civil penalties by serving an accusation on a jurisdiction, person and/or entity, and a notice informing the jurisdiction, person, and/or entity of their right to a hearing conducted pursuant to Section 18997.6.
(b) The accusation and all accompanying documents may be served on the respondent(s) by one of the following means:
(2) Substitute service by using the same service procedures as described in Section 415.20 of the Code of Civil Procedure;
(3) Certified Mail or registered mail; or
(4) Electronically, with the consent of the respondent(s).
(c) Upon receipt of the accusation, the respondent shall file a request for hearing with the director of the Department within 15 days or the respondent will be deemed to have waived its right to a hearing.
(d) The Department shall schedule a hearing within 30 days of receipt of a request for hearing that complies with the requirements of this section.
(e) The hearing shall be held before the director of the Department, or the director's designee, within 90 days of the scheduling date.
(f) If the respondent(s) waive(s) the right to a hearing, the Department shall issue a penalty order in the amount described in the accusation.
(g) The director of the Department, or the director's designee, shall issue a written decision within 60 days of the conclusion of the hearing.
Credits
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 14, § 18997.5, 14 CA ADC § 18997.5
