California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 13 - Enforcement Procedures › Subchapter 2 - Procedures for the Issuance of Cease and Desist Orders, Permit Revocation Orders, and Orders Setting Administrative Civil Liability › Article 2 - Commission Cease and Desist Orders, Permit Revocation Orders, and Orders Setting Administrative Civil Liability › Section 11370 - Enforcement Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record of an enforcement proceeding shall consist
						of
(a) the violation report, including
					 all documents referred to in the report;
(b) any complaint for administrative civil
					 liability;
(c) all timely filed
					 statement of defense form(s), including all documents submitted
					 therewith;
(d) all untimely filed
					 statement of defense forms that have nevertheless been admitted into
					 evidence;
(e) the Executive
					 Director's recommended enforcement decision, including all documents and any
					 other evidence referred to or included in the recommendation,
(f) minutes or a verbatim transcript of all
					 enforcement committee and Commission enforcement hearings and deliberations,
					 provided, that if any oral testimony or any cross-examination and direct
					 examination of a person whose declaration under penalty of perjury has become
					 part of the enforcement record is allowed at the enforcement hearing, a
					 verbatim transcript of such testimony shall also be included;
(g) all evidence submitted but rejected
					 because it was not filed in a timely manner or violated Section
					 11328, with a notation that it was
					 rejected and is included in the record only so that a reviewing court will know
					 what evidence was rejected;
(h) any
					 enforcement committee's or hearing officer's recommended enforcement
					 decision,
(i) any order that the
					 Commission issues,
(j) such other
					 permit or other Commission files as have explicitly been made a part of the
					 record,
(k) the McAteer-Petris Act,
					 if relevant to any of the issues raised in the proceeding,
(l) the San Francisco Bay Plan, if relevant
					 to any of the issues raised in the proceeding,
(m) the Suisun Marsh Preservation Act, if
					 relevant to any of the issues raised in the proceeding,
(n) the Suisun Marsh Protection Plan, if
					 relevant to any of the issues raised in the proceeding,
(o) the Suisun Marsh Local Protection
					 Program, if relevant to any of the issues raised in the proceeding,
					 and
(p) the Commission's
					 regulations.
1.
						Renumbering and amendment of former Section
						11342 to Section
						11370 filed 10-11-89; operative
						11-10-89 (Register 89, No. 43).
2. Amendment of section and NOTE
						filed 6-7-2022; operative 10-1-2022 (Register 2022, No.
						23).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  66638,
						  66640,
						  66641.5(e),
						  66641.6
						  and
						  66641.7,
						  Government Code; and Sections
						  29600
						  and
						  29601,
						  Public Resources Code.