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 11322 - Respondent's Required Response to the Violation Report or Complaint, the Executive Director's Consideration of the Respondent's Response, and Extensions of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within thirty-five (35) days of the issuance of the violation report and/or
					 complaint and the statement of defense form, each respondent shall submit to
					 the Commission at its office an original and one copy of the completed
					 statement of defense form (or an original and one copy of a document providing
					 the information requested by the form) and an original (or verified copy) and
					 one copy of all documents that the respondent wants to be made part of the
					 record of the enforcement proceeding, including any declarations under penalty
					 of perjury and any documentary evidence such as letters, photographs, and
					 similar matters. Once submitted, all such declarations and documents shall be
					 permanently retained by the Commission as part of the enforcement
					 record.
(b) If a respondent
					 believes that cross-examination of a person whose declaration under penalty of
					 perjury has been submitted with the violation report and/or complaint is needed
					 to show or contest a fact alleged in the violation report and/or complaint, the
					 respondent shall request such cross-examination in the completed statement of
					 defense form. The completed statement of defense form or an addendum shall list
					 the name of each person whose declaration under penalty of perjury has been
					 submitted with the violation report and/or complaint that the respondent wants
					 to cross examine, all documents referred to in such person's declaration about
					 which the respondent wants to cross- examine, a description of the area of
					 knowledge about which the respondent wants to cross-examine the person,
					 including a specific reference to the fact or information respondent disputes,
					 the information that respondent believes can be elicited by cross-examination,
					 and the reasons the respondent believes that the information can best be
					 provided by cross-examination rather than by the submittal of declarations or
					 other written evidence.
(c) Within
					 35 days of the issuance of a complaint for administrative civil liability and a
					 statement of defense form, each respondent shall submit to the Commission at
					 its office either (1) a certified cashier's check in the amount of the proposed
					 administrative civil penalty or (2) the completed statement of defense form,
					 copies of all documents that the respondent wants to be made part of the record
					 of the enforcement proceeding in accordance with subsection (a), and any
					 request to allow cross-examination in accordance with subsection (b).
(d) If the staff wants to cross-examine any
					 person whose declaration under penalty of perjury has been submitted with a
					 respondent's completed statement of defense form, the staff shall, within seven
					 days of receiving the completed statement of defense form, mail to all
					 respondents a list of all persons whose declaration under penalty of perjury
					 has been submitted by respondent that the staff wants to cross examine, all
					 documents referred to in such person's declaration about which staff wants to
					 cross-examine the person, a description of the area or areas of knowledge about
					 which the staff wants to cross-examine the witness, and the information that
					 the staff hopes to elicit in cross-examination.
(e) If the Executive Director sends a
					 violation report and a complaint for administrative civil liability together,
					 paying the civil penalties will not release the respondent from the possible
					 issuance of a cease and desist order or permit revocation order.
(f) If the Executive Director issues a
					 violation report only, and not a complaint for administrative civil liability,
					 the Executive Director shall for good cause extend the 35-day time limit
					 imposed by subsection (a) upon receipt within the 35-day time limit of a
					 written request for such extension and demonstration of good cause. If the
					 Executive Director issues a violation report and complaint for administrative
					 civil liability or only a complaint for administrative civil liability, the
					 Executive Director shall for good cause extend the 35-day time limit imposed by
					 paragraphs (a) and (c) of this section upon receipt within the 35-day time
					 limit of a written request for such extension, demonstration of good cause, and
					 waiver of and consent to extend the 60-day time limit for a hearing on the
					 complaint under Government Code Section
					 66641.6(b).
					 Any extension shall be valid only to those specific items or matters that the
					 Executive Director identifies to the requesting party as being exempt from the
					 35-day filing requirement and shall be valid only for such additional time as
					 the Executive Director allows.
(g)
					 If a respondent responds to a complaint for administrative civil liability by
					 submitting a cashier's check in the amount of the penalty proposed in the
					 complaint to the Executive Director in a timely fashion, the Executive Director
					 shall cash the check and list the violation, the amount of the proposed
					 penalty, and the fact that the respondent has agreed to pay the penalty as part
					 of the administrative permit listing within 30 days of receipt of the
					 check.
(h) At the next Commission
					 meeting after receiving the listing, the Commission can object to the amount of
					 a proposed administrative civil penalty that a respondent has paid by voting by
					 a majority of those present and voting. If the Commission so objects, the
					 Executive Director shall return the respondent's money and the respondent shall
					 submit his or her completed statement of defense form and supporting documents
					 within 35 days of the Commission's action. Thereafter, the enforcement matter
					 shall proceed according to these regulations.
(i) At any time after issuance of a violation
					 report and/or complaint, the Executive Director and a respondent may agree on
					 the terms of a proposed stipulated order or a proposed settlement agreement to
					 resolve a violation or violations, which may include a schedule of corrective
					 actions to be implemented by the respondent and payment of administrative civil
					 penalties. The Executive Director shall include the proposed stipulated order
					 or proposed settlement agreement in his or her recommended enforcement decision
					 prepared in accordance with Section
					 11326. If the Commission fails to
					 adopt the proposed stipulated order or proposed settlement agreement, and the
					 respondent has not submitted a completed statement of defense form, copies of
					 any supporting documents, and any request for cross-examination in accordance
					 with subsections (a) and (b), the respondent shall submit his or her completed
					 statement of defense form, copies of any supporting documents, and any request
					 for cross-examination within 35 days of the Commission's failure to adopt the
					 proposed stipulated order or proposed settlement agreement. Thereafter, the
					 enforcement matter shall proceed according to these regulations. If the
					 Commission fails to adopt the proposed stipulated order or proposed settlement
					 agreement, and the respondent has previously submitted a completed statement of
					 defense form, copies of any supporting documents, and any request for
					 cross-examination, the Executive Director shall prepare a new recommended
					 enforcement decision in accordance with Section
					 11326 within 30 days of the
					 Commission's failure to adopt the proposed stipulated order or proposed
					 settlement agreement, and thereafter, the enforcement matter shall proceed
					 according to these regulations.
1.
						Renumbering and amendment of former Section
						11330(d) to
						Section 11322 filed 10-11-89; operative
						11-10-89 (Register 89, No. 43). For prior history, see Register 87, No.
						30.
2. Amendment of section heading, 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
						  11415.60,
						  66638,
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; and Sections
						  29601,
						  29610
						  and
						  29611,
						  Public Resources Code.