Cal. FGC § 2584 — California Code / Code fgc / Division 3 / Chapter 6.5 / Section 2584
Section 2584
Status: in_force

(a) Upon an actionable violation, the department shall consult, as to the appropriate civil or criminal remedy, with the district attorney in the jurisdiction where the violation was alleged to have occurred. Before proceeding with a civil action, the department shall seek the concurrence of the Attorney General.

(b) The director, after investigation of the facts and circumstances, may issue a complaint to any person on whom an administrative penalty may be imposed pursuant to Section 2582 or 2583. The complaint shall allege the acts or failures to act that constitute a basis for an administrative penalty and the amount of the proposed administrative penalty. The complaint shall be served by personal service or certified mail and shall inform the person so served that a hearing shall be conducted within 60 days after the person has been served, unless the person waives the right to a hearing. If the person waives the right to a hearing, the department shall issue an order setting the penalty in the amount proposed in the complaint. If the person has waived the right to a hearing or if the department and the person have entered into a settlement agreement, the order shall be final.

(c) If the director issues a complaint pursuant to subdivision (a), the director shall appoint a qualified referee or hearing board, composed of one or any combination of the following persons:

(1) A qualified hearing officer, as defined in subdivision (a) of Section 2580.

(2) A retired judge of the superior court who is knowledgeable in fish and wildlife law.

(3) A qualified neutral referee, appointed upon petition to the superior court in which the violation was alleged to have occurred.

(d) Any hearing required under this section shall be conducted by the appointed referee or hearing board according to the procedures specified in Sections 11507 to 11517, inclusive, of the Government Code, except as otherwise provided in this section. In making a determination, the appointed referee or hearing board may consider the records of the department in the matter, the complaint, and any new facts brought to the attention of the referee or hearing board by the person served with the complaint. The appointed referee or hearing board shall be the sole trier of fact as to the existence of a basis for liability under Section 2582 or 2583. The appointed referee or hearing board shall make the determination of the facts of the case and shall prepare and submit the proposed decision, including a recommended penalty, to the director for the director’s review and assistance in the penalty assessment process. The proposed decision is a public record and shall be served upon the person. The director may approve the proposed decision in its entirety, or the director may reduce the proposed penalty and adopt the balance of the proposed decision.

(e) The director may assess the recommended administrative penalty, reduce the amount of the recommended penalty, or not impose any administrative penalty, based upon the nature, circumstances, extent, and gravity of the prohibited acts alleged, and the degree of culpability of the violator, or the director may enter into a settlement agreement with the person served with the complaint in the best interests of the state or confirm the amount of administrative penalties contained in the complaint. If the director reduces the amount of the administrative penalty, does not impose the administrative penalty, or enters into a settlement agreement, the director shall seek the recommendation of the appointed referee or hearing board and enter into the records of the case the reasons for that action, including the recommendation of the appointed referee or hearing board. The decision of the director assessing the administrative penalty is final.

(f) Upon the final assessment of the administrative penalty, the department shall issue an order setting the amount of the administrative penalty to be imposed. An order setting the amount of an administrative penalty under this section becomes effective and final upon the issuance of the order, and payment shall be made within 30 days of issuance. Copies of the order shall be served by personal service or by certified mail upon the person served with the complaint and upon other persons who appeared before the director and requested a copy. Copies of the order shall be provided to any person within 10 days of receipt of a written request from that person.

(g) Within 30 days after service of a copy of an order setting the amount of the administrative penalty, any person so served may file with the superior court a petition for a writ of mandate for review of the order. In all proceedings pursuant to this subdivision, the court shall exercise its independent judgment on the evidence in the whole record. The filing of a petition for a writ of mandate shall not stay any other civil or criminal action.

(h) The records of the case, after all appeals are final, are public records, as defined in Section 7920.530 of the Government Code.