California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 672.2 - Dreissenid Mussel Penalty and Appeal Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Penalties.
This section applies to violations of section
					 672.1 of these regulations.
(1) The department will send a written
				  notification of penalty assessment to persons against whom an administrative
				  penalty has been imposed. The penalty amount shall be based on a review of all
				  relevant circumstances. The department may provide notification together with
				  its notice that a person or entity has violated section
				  672.1, or may provide the
				  notification of penalty assessment by writing within 30 business days after a
				  person has been issued a citation pursuant to subsection
				  672.1(c)(5). The
				  department may provide written notification by mail or email. The notification
				  will at a minimum include a brief description of the reason the administrative
				  penalty has been imposed, the amount of the administrative penalty, and the
				  time and method for providing payment. The notification shall also include a
				  statement of a person's right to appeal an administrative penalty and
				  directions explaining how to initiate an appeal.
(2) Requests for an appeal must be postmarked
				  no later than 30 calendar days after issuance of the notification of penalty
				  assessment and shall include an advance deposit of the full amount of the
				  administrative penalty. Any administrative penalty that has been deposited
				  shall be refunded if it is determined, after an appeal hearing, that the
				  penalty is reduced or excused. No request for an appeal to an administrative
				  penalty shall be considered unless both a request for an appeal hearing and a
				  deposit in the full amount of the penalty is received in a timely manner by the
				  department.
(3) Anyone who is
				  issued a citation or notice of violation pursuant to section
				  672.1, but does not receive a
				  notification of penalty assessment shall contact the department within 30
				  calendar days of being issued a citation or notice of violation and provide the
				  department with a current address to send the notification of penalty
				  assessment. The department is to be reached by calling (866) 440-9530 or
				  sending an email to invasives@wildlife.ca.gov.
(4) The department shall deposit
				  administrative penalties into the Fish and Game Preservation Fund.
(5) In the event a person fails to pay the
				  administrative penalty when due, the department may take any actions permitted
				  by law to collect the unpaid penalty, which shall accrue interest at a rate of
				  ten percent per year, commencing 30 calendar days after the administrative
				  penalty becomes due and continuing until paid. In the event a civil action is
				  commenced to collect the administrative penalty, the department shall be
				  entitled to recover all costs associated with the enforcement, investigation,
				  establishment and collection of the penalty. Costs include, but are not limited
				  to, staff time and costs incurred in the investigation, establishment and the
				  collection or processing of the penalty. The penalty and any late payment
				  charges and costs shall be deposited into the Fish and Game Preservation
				  Fund.