California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 14 - Administrative Hearings › Section 3004 - Notice of Violation Procedure; Uncontested Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Notice of Violation shall describe
				  the alleged violation and shall reference the documents on which Commission
				  staff relies to provide a prima facie case. The Respondent may request any or
				  all documents relied on by staff, which shall be provided within five (5)
				  business days of the request and upon payment of the copying costs. The
				  Respondent may request the documents to be sent by Mail, or may appear at the
				  Commission's Sacramento office to inspect and copy the relevant records. The
				  Commission may also make records available electronically or on its
				  website.
(b) The Notice of
				  Violation shall specify that the Respondent must reply within 21 Days of the
				  date service of the Notice of Violation is deemed complete if they dispute the
				  matters set forth in the Notice of Violation. The Notice of Violation shall
				  include notice of the date, time, and location of the enforcement hearing where
				  the matter will be heard if the Respondent fails to reply or does not dispute
				  the allegations. The date of this hearing shall be not less than forty-five
				  (45) Days from the date service is complete. If logistical circumstances
				  prevent specifying the precise starting time and/or address of the Commission
				  Meeting, the Notice of Violation may state the date and city or general
				  location provided the Respondent is provided notice at least ten (10) Days
				  prior to the hearing of the precise location and start time.
(c) The Notice of Violation shall be
				  accompanied by the Statement of Defense form (SLC 100.201 Rev. 9/2016) hereby
				  incorporated by reference.
(d)
				  Personal service on Respondents other than natural persons may be completed in
				  any manner that would satisfy the requirements of sections
				  416.10 et seq. of the Code of Civil
				  Procedure. Personal service is deemed complete at the time of
				  delivery.
(e) If Enforcement Staff
				  elect not to use personal service for the Notice of Violation, service may be
				  completed by posting the Notice of Violation on the violating Structure and
				  sending a copy of the Notice of Violation to the Respondent by Mail service
				  that includes delivery verification. The usual mailing address, normal place of
				  business, or the address on record where the Respondent's property tax bill is
				  sent shall be presumed to be the correct address. Any competent member of the
				  household may sign the delivery verification. Service by Mail is deemed
				  complete 10 Days after mailing.
1. New
					 section filed 9-7-2016; operative 1-1-2017 (Register 2016, No.
					 37).
2. Change without regulatory effect amending subsection (c)
					 filed 11-17-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 47).
Note: Authority cited: Sections
						6108
						and
						6224.5,
						Public Resources Code. Reference: Sections
						416.10 et seq., Code of Civil
						Procedure; Section
						11440.20,
						Government Code; and Sections
						6224.3,
						6224.4
						and
						6224.5,
						Public Resources Code.