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§ 18466. Procedure for Imposing Civil Penalties.

14 CA ADC § 18466BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 6. Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests
Article 8.5. Waste Tire Hauler Registration and Manifesting Requirements for Waste and Used Tire Haulers, Retreaders, Waste and Used Tire Generators, and Waste and Used Tire End-Use Facilities
14 CCR § 18466
§ 18466. Procedure for Imposing Civil Penalties.
(a) Civil penalties may be administratively imposed in accordance with the procedures outlined in the Administrative Procedure Act at Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code with the exception of Government Code Section 11505(c).
(b) The accusation or complaint and all accompanying documents may be served on the respondent by the following means:
(1) Personal service.
(2) Substitute service by using the same service procedures as described in Section 415.20 of the Code of Civil Procedure.
(3) Certified Mail: For respondents who are registered waste or used tire haulers, certified mail or registered mail if the letter containing the accusation or complaint and accompanying material is mailed, addressed to the respondent at the latest facility or mailing address(es) provided in the current year's waste tire hauler registration application (form CalRecycle 60) on file with the Department. Any address provided on the current year's waste tire hauler registration application may be used for service of process against a waste or used tire hauler, even if that hauler's actions occur while in the role of a waste tire generator or waste tire end-use facility. Proof of service of the accusation or complaint shall be the certified mail receipts or registered mail receipts proving the accusation or complaint and accompanying materials were sent to respondent by certified mail or registered mail. For respondents who are unregistered used or waste tire haulers, generators and end use facilities that do not provide a current year's waste tire hauler registration application to the Department, certified mail or registered mail pursuant to the procedures indicated in the Administrative Procedure Act at Section 11505(c) of the Government Code applies.
(c) Civil penalties may be imposed pursuant to the Public Resources Code Section 42962 in the discretion of the trier of fact in the civil proceeding.
Note: Authority cited: Sections 40502, 42962, 42966 and 43020, Public Resources Code. Reference: Section 11500, Government Code; and Section 42962, Public Resources Code.
HISTORY
1. New section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Amendment of subsection (a) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-9-2006 order, including amendment of Note, transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
6. Amendment of sections and Note filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
This database is current through 2/14/20 Register 2020, No. 7
14 CCR § 18466, 14 CA ADC § 18466
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