California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 8 - Mining and Geology › Subchapter 1 - State Mining and Geology Board › Article 12 - Administrative Penalty Petition Procedures › Section 3911 - Petition/Notice of Defense Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
STATE OF CALIFORNIA
DEPARTMENT OF CONSERVATION
DIVISION OF MINE RECLAMATION
STATE MINING AND GEOLOGY BOARD
IN THE MATTER OF THE
)
Case No.
ADMINISTRATIVE PENALTY
)
ASSESSED AGAINST:
)
)
PETITION/
)
NOTICE OF DEFENSE
an individual.
)
)
d.b.a.
)
)
)
PETITIONER(S)
)
___________________________
)
( ) I acknowledge receipt of this action assessing an
						administrative penalty under Public Resources Code Section 2774.1(c) against me
						or the company for which I am the agent.
( ) I request a hearing before the State Mining and
						Geology Board.
( ) I object to the action on the ground that it does not
						state acts or omissions upon which the Division of Mine Reclamation may
						proceed.
( ) I object to the form of the action on the ground that
						it is so indefinite or uncertain that I cannot identify the transaction or
						prepare a defense.
( ) I admit the action in whole or in part. (Indicate
						which parts you admit by paragraph number or list on a separate page facts or
						allegations admitted.)
( ) I deny the action in whole or in part. (Indicate
						which parts you deny by paragraph number or list on a separate page facts or
						allegations denied.)
( ) I have no personal knowledge of the facts or
						allegations. (Indicate which parts by paragraph number or on a separate
						page.)
( ) I present the following new matter by way of defense:
						(On a separate page, list other facts which may exonerate or mitigate your
						possible responsibility or otherwise explain your relationship to the alleged
						violation. Be as specific as you can. If you have or know of any document(s),
						photograph(s), map(s), letter(s), or other evidence that you believe is/are
						relevant, please identify it/them by name, date, type, and any other
						identifying information and provide the original(s) or (a) cop(y/ies) if you
						can):
( ) I wish to present the following information,
						statement, etc. in addition: (Use a separate page, if needed.)
( ) I have documents, exhibits, declarations under
						penalty of perjury and/or other materials that I am attaching to this form or
						that I want to be made a part of the administrative record for this
						administrative penalty. (Please list in chronological order by date, author and
						title and enclose a copy with this completed form.)
( ) I object to the action on the ground that, under the
						circumstances, compliance with the requirement of a regulation would result in
						a material violation of another regulation enacted by another department
						affecting substantive rights. (List the other regulation(s).)
( ) I will pay the full assessed amount and waive a
						hearing.
DO NOT SEND CASH.
Please note your case
						number on your remittance, made payable to: State of California, Department of
						Conservation, to ensure proper credit and mail it to this address: Department
						of Conservation, Division of Mine Reclamation, 715 P Street, MS 1905,
						Sacramento, California 95814.
If you intend to be represented by an attorney, please
						state his/her name, address, and telephone number. Otherwise, state the address
						and phone number where you want legal documents sent. Mail this Notice of
						Defense to: Executive Officer, State Mining and Geology Board, 715 P Street, MS
						1909, Sacramento, California 95814.
___________________________DATED:
___________________________
Petitioner's Signature
___________________________
Name of Counsel/Petitioner (circle one)
Phone Number
___________________________
Address
City
State
Zip
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2774.1(c)
						  and
						  2774.2(a),
						  Public Resources Code.