California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 9 - Procedures for the Issuance of Restoration Orders › Section 13191 - Commencement of Restoration Order Proceeding Before the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  executive director believes that the results of an enforcement investigation so
				  warrant, he or she may commence a restoration order proceeding before the
				  commission. The executive director shall formally commence such a proceeding by
				  providing any person whom he or she believes to have engaged in development
				  activity as described in section
				  30811
				  of the Public Resources Code with notice of his or her intent to do so, unless
				  the person waives the right to such notice. Such notice of intent may be given
				  either as a provision of a staff report prepared pursuant to section
				  13057 of these regulations or by
				  separate written communication delivered either (1) by certified mail, (2) by
				  regular mail or electronic mail, receipt of which is confirmed by subsequent
				  oral or written communication, or (3) by hand, and shall include, at minimum,
				  the information specified in sections
				  13196(a), (b), and
				  (c) together with an explanation of the basis
				  of the executive director's belief that the specified activity meets the
				  criteria of section
				  30811. The notice of intent shall
				  be accompanied by a "statement of defense form" that conforms to the format
				  attached as Appendix A to Subchapter 8 of these regulations with an indication
				  of when the completed form is due back to the Commission. The person(s) to whom
				  such notice is given shall complete and return the statement of defense form to
				  the Commission by the date specified therein, which date shall be no earlier
				  than 20 days from transmittal of the notice of intent.
(b) The Executive Director may at his or her
				  discretion extend the time limit for submittal of the statement of defense form
				  imposed by any notice of intent issued pursuant to subsection (a) of this
				  section upon receipt within the time limit of a written request for such
				  extension and a written demonstration of good cause. The extension shall be
				  valid only to those specific items or matters that the executive director
				  identifies to the party that requested an extension as being exempt from the
				  deadline for the Statement of Defense form and shall be valid only for such
				  additional time as the executive director allows.
Once the applicable deadline for the submittal of (i) the
					 Statement of Defense form or (ii) any specific items or matters for which the
					 executive director has provided an extended deadline has passed, no additional
					 defenses, factual claims, or supporting evidence may be submitted unless the
					 responding party demonstrates to the satisfaction of the Executive Director
					 that the late response could not have been submitted earlier, in which case the
					 late response may nevertheless trigger a delay in the proceedings pursuant to
					 section 13185(d) or
					 otherwise.
1. New
					 section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
2.
					 Amendment of subsection (a) filed 7-30-2019; operative 1-1-2020 pursuant to
					 Government Code section
					 11343.4(b)(2)
					 (Register 2019, No. 31).
3. Amendment of subsection (b) filed
					 11-27-2019; operative 1-1-2020 (Register 2019, No.
					 48).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30811,
						Public Resources Code.