reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 12 - Certification and Amendment of Suisun Marsh Local Protection Program › Article 1 - Certification of Local Protection Program › Section 11207 - Contents of Resolution of Non-Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A resolution that denies the certification of the local
					 protection program, a component, or an amendment shall include the
					 following:
(a) a statement of all the
				  ways that the proposed program, component, or amendment fails to conform to
				  California Public Resources Code Sections
				  29000
				  through
				  29612,
				  the Suisun Marsh Protection Plan, or the San Francisco Bay Plan, or fails to
				  include all feasible mitigation measures or feasible alternatives necessary to
				  offset any significant adverse environmental impacts that the program,
				  component, or amendment will have on matters that the Commission must by law
				  approve or disapprove;
(b) the text
				  and all necessary drawings, exhibits, etc., of the program, component, or
				  amendment; and
(c) specific
				  findings of fact that support the conclusion that the program, component, or
				  amendment fails to conform to California Public Resources Code Sections
				  29000
				  through
				  29612,
				  the Suisun Marsh Protection Plan, or the San Francisco Bay Plan, or fails to
				  include all feasible mitigation measures or feasible alternatives necessary to
				  offset any significant adverse environmental impacts that the program,
				  component, or amendment will have on matters that the Commission must by law
				  approve or disapprove.
1. New
					 section filed 5-18-7; operative 6-17-87 (Register 87, No.
					 30).
Note: Authority cited: Section
						29201(e),
						Public Resources Code. Reference: Sections
						29400-
						29424,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 12 - Certification and Amendment of Suisun Marsh Local Protection Program › Article 1 - Certification of Local Protection Program › Section 11208 - Notice of Certification of Local Protection Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall make every reasonable effort
					 to assure that all interested persons receive notice of the certified local
					 protection program, component, or amendment. The Executive Director shall also
					 file a notice of the adoption of the local protection program, component, or
					 amendment with the Secretary of the Resources Agency for posting and inspection
					 as provided in Public Resources Code Section
					 21080.5(d)(2)(E).
1.
					 Renumbering and amendment of Section
					 10857 to Section
					 11208 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
					 29.
2. Change without regulatory effect amending section and NOTE
					 filed 12-31-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days
					 pursuant to Executive Order N-40-20.)
Note: Authority cited: Section
						29201(e),
						Public Resources Code. Reference: Sections
						21080.5(d)(2)(E)
						and 29400-29424, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 12 - Certification and Amendment of Suisun Marsh Local Protection Program › Article 2 - Amendment of the Suisun Marsh Local Protection Program › Section 11210 - Amendment Submittal Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission may file for review a proposed amendment to
					 the certified Suisun Marsh local protection program or a component thereof only
					 if the proposed amendment is submitted pursuant to a resolution of the entity
					 that proposes the amendment adopted after the entity held at least one (1)
					 public hearing. The resolution of the proposed amendment shall contain the
					 following information:
(a) all
				  policies, plans, standards, objectives, diagrams, drawings, maps, charts, and
				  supplementary data related to the proposed amendment in detail sufficient to
				  allow review of the proposed amendment for conformity with the provisions of
				  California Public Resources Code Sections
				  29000
				  through
				  29612,
				  the policies of the Suisun Marsh Protection Plan, and the policies of the San
				  Francisco Bay Plan;
(b) a
				  discussion of the proposed amendment's effect on the component being amended,
				  its relationship to and its effect on the other sections of the local
				  protection program, and its conformity with California Public Resources Code
				  Sections
				  29000
				  through
				  29612
				  and the policies of the San Francisco Bay Plan and the Suisun Marsh Protection
				  Plan.
(c) any environmental
				  documents required pursuant to California Public Resources Code Section
				  21000
				  through
				  21177
				  for all or any portion of the proposed amendment;
(d) a summary of the measures taken to
				  provide the public and any affected agency with maximum opportunity to
				  participate in the local protection program or component amendment process,
				  including proof that the entity proposing the amendment gave written notice of
				  its public hearing to all other entities whose components would be affected by
				  the amendment; and
(e) If the
				  proposed amendment would affect any area outside of Suisun Marsh, a statement
				  that the entity proposing the amendment has held a public hearing for which it
				  gave at least thirty (30) days prior notice, and had given the Commission and
				  Solano County at least thirty (30) days prior notice of the nature and text of
				  the proposed amendment.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No.
					 30).
Note: Authority cited: Section
						29201(e),
						Public Resources Code. Reference: Sections
						29418
						and
						29419,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 12 - Certification and Amendment of Suisun Marsh Local Protection Program › Article 2 - Amendment of the Suisun Marsh Local Protection Program › Section 11211 - Submittal of an Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within ten (10) working days of receipt
				  by the Commission of a proposed amendment to the local protection program or
				  component thereof, the Executive Director shall determine whether the proposed
				  amendment meets the submittal requirements of Section
				  11210.
(b) If the Executive Director determines that
				  the proposed amendment and supporting materials meet the submittal requirements
				  of Section
				  11210, the Executive Director
				  shall stamp all the materials "Filed BCDC" and the date of filing and notify
				  the entity that submitted the proposed amendment of its filing.
(c) If the Executive Director determines that
				  the proposed amendment does not satisfy the requirements of Section
				  11210, the Executive Director
				  shall transmit to the entity that proposed the amendment a written explanation
				  of why the proposed amendment and supporting materials do not comply with
				  Section 11210.
(d) The filing of a proposed amendment and
				  supporting materials shall constitute submittal of the amendment pursuant to
				  California Public Resources Code Section
				  29410.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No.
					 30).
Note: Authority cited: Section
						29201(e),
						Public Resources Code. Reference: Sections
						29418
						and
						29419,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 12 - Certification and Amendment of Suisun Marsh Local Protection Program › Article 2 - Amendment of the Suisun Marsh Local Protection Program › Section 11212 - Processing Amendments to the Local Protection Program or Component Thereof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall process a proposed amendment to the
					 Suisun Marsh local protection program or to any component thereof in accordance
					 with Sections
					 11202 through
					 11208, except that amendments
					 designated as minor by the Executive Director under Sections
					 11213 and
					 11214 shall be processed only as
					 provided in Section
					 11214.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No.
					 30).
Note: Authority cited: Section
						29201(e),
						Public Resources Code. Reference: Sections
						29418
						and
						24919,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 12 - Certification and Amendment of Suisun Marsh Local Protection Program › Article 2 - Amendment of the Suisun Marsh Local Protection Program › Section 11213 - Definition of a Minor Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A minor amendment to the Suisun Marsh local protection
					 program or any component thereof is an amendment that is consistent with
					 California Public Resources Code Sections
					 29000
					 through
					 29612
					 and the Suisun Marsh Protection Plan and that is one or more of the
					 following:
(a) changes in wording,
				  maps, or diagrams of any general, specific, or area plan, other policy
				  document, zoning ordinance, zoning district map, regulation, or standard that
				  does not change the designated, allowable, or permitted use, density, or
				  intensity of land use or sphere of influence or boundary of any city;
				  or
(b) changes in any certified
				  management plan or policy document of the Suisun Resource Conservation District
				  or the Solano County Mosquito Abatement District that does not change the
				  permitted or allowable use of any land and does not change any water management
				  program or practice.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No.
					 30).
Note: Authority cited: Section
						29418(c),
						Public Resources Code. Reference: Section
						29418(c),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 12 - Certification and Amendment of Suisun Marsh Local Protection Program › Article 2 - Amendment of the Suisun Marsh Local Protection Program › Section 11214 - Designation of an Amendment as Minor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Executive Director intends to
				  determine that a proposed amendment is minor, he or she shall notify the
				  Commission of this intent by summarizing the proposed amendment and stating the
				  intent as part of the administrative listing of administrative permits and
				  consistency determinations that Section
				  10620 requires.
(b) The Executive Director shall send the
				  listing to or shall otherwise notify in writing the County of Solano, the
				  Cities of Benicia, Fairfield, and Suisun City, the Solano County Local Agency
				  Formation Commission, the Solano County Mosquito Abatement District, the Suisun
				  Resource Conservation District, the California Department of Fish and Game, the
				  United States Fish and Wildlife Service, and the United States Bureau of
				  Reclamation at least nine (9) working days before the meeting at which the
				  Commission may comment on the listing.
(c) If two (2) or more members of the
				  Commission object to the Executive Director's proposed determination that the
				  proposed amendment is minor, the determination shall not become effective and
				  the Commission shall process the amendment pursuant to Section
				  11212.
(d) If less than two (2) members of the
				  Commission object to the Executive Director's proposed determination that the
				  proposed amendment is minor, the proposed determination shall become effective
				  and the amendment shall become effective on the tenth (10th) working day
				  following the meeting at which the amendment was listed.
(e) The Executive Director shall give written
				  notice of final action on the proposed amendment to the entity that proposed
				  the amendment and to all persons who have requested in writing that they
				  receive such notice.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No.
					 30).
Note: Authority cited: Section
						29418(c),
						Public Resources Code. Reference: Section
						29418(c),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 12 - Certification and Amendment of Suisun Marsh Local Protection Program › Article 2 - Amendment of the Suisun Marsh Local Protection Program › Section 11215 - Frequency of Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No local government, district, nor the Solano County Local
					 Agency Formation Commission shall submit an amendment to the Commission or the
					 Executive Director for certification more frequently than three (3) times
					 during any calendar year.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No.
					 30).
Note: Authority cited: Section
						29201(e),
						Public Resources Code. Reference: Section
						29418,
						Government Code; and Section
						65361,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 13 - Enforcement Procedures › Subchapter 1 - General Provisions › Section 11300 - Grounds for the Issuance of Cease and Desist Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any one of the following actions shall constitute grounds
					 for the issuance by the Commission of a cease and desist order:
(1) the undertaking or threat to undertake an
				  activity that requires a Commission permit without having obtained a Commission
				  permit,
(2) the violation of a term
				  or condition of a Commission permit, or
(3) the inclusion of inaccurate information
				  in a permit application or at the public hearing on the permit
				  application.
1.
					 Renumbering and amendment of former Section
					 11300 to Section
					 11301, and new Section
					 11300 filed 10-11-89; operative
					 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No.
					 30.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66638,
						Government Code; and Section
						29601,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 13 - Enforcement Procedures › Subchapter 1 - General Provisions › Section 11301 - Grounds for Permit Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any one of the following actions shall be grounds for the
					 complete or partial revocation of a Commission permit:
(a) the violation of a term or condition of a
				  permit,
(b) the violation of a
				  Commission cease and desist order or an Executive Director's cease and desist
				  order, or
(c) the inclusion of
				  inaccurate information in a permit application or at the public hearing on a
				  permit application.
1.
					 Renumbering and amendment of former Section
					 11301 to Section
					 11303, and renumbering and
					 amendment of former Section
					 11300 to Section
					 11301 filed 10-11-89; operative
					 11-10-89 (Register 89, No. 43). For prior history, see Register 87, No.
					 30.
2. Redesignation of former subsections (1)-(3) as subsections
					 (a)-(c) and amendment of 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
						66638 and
						66641(d),
						Government Code; Section
						29601,
						Public Resources Code; and Sunset Amusement Company v. Board of Police
						Commissioners (1972) 7 Cal.3d 64, 80.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 13 - Enforcement Procedures › Subchapter 1 - General Provisions › Section 11302 - Grounds for the Imposition of Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any one of the following actions shall constitute grounds
					 for the imposition of administrative civil liability by the Commission:
(a) the undertaking of any activity that
				  requires a Commission permit without having obtained the Commission permit
				  or
(b) the violation of any term or
				  condition of a Commission permit.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2.
					 Repealer and new section filed 10-11-89; operative 11-10-89 (Register 89, No.
					 43).
3. Amendment of section heading, designation of former
					 subsection (1)-(2) as subsection (a)-(b) and amendment of 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
						66641.5(e)
						and
						66641.6,
						Government Code; and Sections
						29610
						and
						29611,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 13 - Enforcement Procedures › Subchapter 1 - General Provisions › Section 11303 - Referral to the Attorney General by the Commission or the Executive Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A violation of
				  any one of the following shall be grounds for the referral of the violation by
				  the Commission or the Executive Director to the Attorney General's Office
				  without the Commission's having issued either a cease and desist order or a
				  permit revocation order:
(1) the
				  McAteer-Petris Act,
(2) the Suisun
				  Marsh Preservation Act,
(3) the
				  Federal Coastal Zone Management Act, or
(4) a term or condition of a Commission
				  permit.
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 11320 - Staff Investigation and Discovery, and Appointment of a Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
					 part of any enforcement investigation, the Executive Director may issue
					 subpoenas and the staff may send interrogatories, conduct depositions, and
					 inspect property at any time.
(b)
					 At the request of the Executive Director or the chair of the enforcement
					 committee, or on its own initiative, the Commission may appoint a hearing
					 officer to conduct an investigation or hold a hearing, make proposed findings
					 of fact, and recommend to the Commission what action it should take on an
					 enforcement matter. A hearing officer appointed to hold an enforcement hearing
					 shall proceed in accordance with the procedural requirements of Section
					 11327 and shall adopt a
					 recommended enforcement decision in accordance with Section
					 11330.
1.
						Repealer of former Section
						11320, and renumbering and
						amendment of former Section
						11331 to Section
						11320 filed 10-11-89; operative
						11-10-89 (Register 89, No. 43). For prior history, see Register 87, No.
						30.
2. Amendment of article 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
						  11180,
						  11181,
						  66637,
						  66638,
						  66641.5(e),
						  66641.6
						  and
						  66643,
						  Government Code; and Section
						  29601,
						  Public Resources Code.
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 11321 - Commencing Commission Enforcement Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Executive Director believes, as a
					 result of an enforcement investigation, that any person has caused or threatens
					 to cause significant harm to the Bay's resources or to existing or future
					 public access, or that the nature, circumstances, extent, and gravity of the
					 violation or violations so warrant, the Executive Director shall commence
					 Commission enforcement proceedings by issuing at least 45 days prior to holding
					 an enforcement hearing on the matter the following materials to the last known
					 address of each party that the Executive Director believes may be legally
					 responsible in some manner for the alleged violation:
(1) a violation report that follows the
					 format and contains the information set out in Appendix H,
(2) a complaint for administrative civil
					 liability that follows the format and contains the information set out in
					 Appendix H if the staff seeks civil penalties, and
(3) a statement of defense form that follows
					 the format and requests the information set out in Appendix I. The violation
					 report and complaint for administrative civil liability can be combined into a
					 single document so long as it contains all the information required for
					 both.
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 11323 - Distribution of Notice of Enforcement Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least ten (10) days prior to the
					 initial enforcement hearing on a proposed Commission cease and desist order, a
					 proposed permit revocation order, or a proposed Commission civil penalty order,
					 whether held before the enforcement committee or the Commission, the Executive
					 Director shall mail by first class mail or send by email, and shall also make
					 available on the Commission's website, a written notice of the date, time, and
					 place of the initial enforcement hearing to all respondents at their last known
					 address, the Deputy Attorney General advising the enforcement committee or
					 Commission, and to all members of the public who have requested in writing that
					 they receive such notice, provided that no notice need be mailed to the
					 respondent if the respondent has already received notice of the hearing in a
					 cease and desist order issued by the Executive Director. A meeting notice
					 mailed and posted on the Commission's website pursuant to California Government
					 Code Section
					 11125 will
					 meet this notice requirement.
(b)
					 After the initial enforcement hearing, notice of further enforcement hearings
					 may be given by either announcing the date, time, and place of the further
					 meeting on the record at the close of the preceding enforcement hearing or by
					 mailing by first class mail or sending by email, and also making available on
					 the Commission's website, written notice of the date, time, and place of the
					 further meeting to all respondents at least 10 days prior to the further
					 enforcement hearing.
1.
						Renumbering and amendment of Former Section
						11337 to Section
						11323 filed 10-11-89; operative
						11-10-89 (Register 89, No. 43). For prior history, see Register 87, No.
						30.
2. Amendment of 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
						  66638,
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; and Section
						  29601,
						  Public Resources Code.
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 11324 - Distribution of the Violation Report, Complaint, Statement of Defense Form(s), and Recommended Enforcement Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At least ten (10) days prior to the enforcement hearing,
						the Executive Director shall make available on the Commission's website and
						shall mail by first class mail or send by email the following materials to each
						respondent, to the committee members if the enforcement hearing will be held
						before the enforcement committee or to the Commission if the enforcement
						hearing will be held before the Commission, and to the Deputy Attorney General
						advising the enforcement committee or Commission:
(1) the violation report and/or complaint for
					 administrative civil liability and all documents or other evidence cited
					 therein or listed on an index of supporting documents or evidence attached
					 thereto,
(2) each completed
					 statement of defense form and the enclosed exhibits, with a notation that
					 indicates if any of the statements have been filed in an untimely fashion,
					 and
(3) a recommended enforcement
					 decision that complies with Section
					 11326.
1.
						Renumbering and amendment of former Section
						11336 to Section
						11324 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
						  66638 and
						  66641.6,
						  Government Code; and Section
						  29601,
						  Public Resources Code.
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 11325 - Ex Parte Contacts. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former Section
						11333 to Section
						11325 filed 10-11-89; operative
						11-10-89 (Register 89, No. 43). For prior history, see Register 87, No.
						30.
2. Repealer filed 12-27-2004; operative 1-26-2005 (Register
						2004, No. 53).
Note: Authority cited: section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  66637-
						  66638 and
						  66641.6,
						  Government Code; and Section
						  29601,
						  Public Resources Code.
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 11326 - Contents of an Executive Director's Recommended Enforcement Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive
					 Director shall prepare a recommended enforcement decision on a proposed
					 Commission cease and desist order, a proposed permit revocation order, or a
					 proposed order setting administrative civil liability.
(b) The Executive Director's recommended
					 enforcement decision shall be in writing and shall include:
(1) a summary of (A) any background to the
					 alleged violation, (B) the allegations made by staff in its violation report
					 and/or complaint, (C) the allegations either admitted or not contested by
					 respondent(s), and (D) all defenses and mitigating factors raised by the
					 respondent(s);
(2) any staff
					 response to the defenses, mitigating factors, or arguments raised by the
					 respondent(s), and any rebuttal evidence submitted by the staff to matters
					 raised in the statement of defense form, with references to supporting
					 documents;
(3) a summary and
					 analysis of all disputed issues;
(4) a recommended enforcement decision on a
					 proposed order setting administrative civil liability shall identify all
					 violations for which administrative civil penalties are proposed and include:
(A) the total amount of proposed
					 administrative civil penalties; and
(B) a statement of the applicable factors set
					 forth in Government Code Section
					 66641.9
					 that the Executive Director considered, consistent with the Administrative
					 Civil Penalty Policy in Appendix J of these regulations, in determining the
					 total amount of the proposed administrative civil
					 penalties;
(5) a
					 statement of whether the Executive Director has issued a cease and desist order
					 and its expiration date;
(6) a
					 recommendation on what action the Commission should take; and
(7) the proposed text of any cease and desist
					 order, permit revocation order, order setting administrative civil liability,
					 or stipulated order that the Executive Director recommends that the Commission
					 issue or any settlement agreement that the Executive Director recommends that
					 the Commission approve.
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 11328 - Acceptance of Late Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The introduction of surprise testimony and exhibits at
						enforcement hearings shall be discouraged. All documents and declarations under
						penalty of perjury shall be submitted with the violation report and/or
						complaint or the completed statement of defense form, except to the extent
						otherwise provided by Section
						11322(d) or the
						Executive Director has extended the time for such submittal pursuant to Section
						11322(f), or the
						Commission or enforcement committee admits the testimony into the record
						pursuant to Section
						11327(f) and this
						section. To this end, the Commission or the enforcement committee shall not
						accept into the record or consider any statement of defense form or any written
						evidence not filed in a timely manner unless the Commission or enforcement
						committee finds that (1) the person seeking to introduce the evidence made all
						reasonable efforts to obtain and submit the evidence in a timely manner but was
						unable to do so and would be substantially prejudiced if the evidence were not
						admitted and (2) no other party would suffer substantial prejudice by its
						admission.
1. New
						section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
2.
						Amendment of 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
						  66638,
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; and Section
						  29601,
						  Public Resources Code.
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 11329 - Admissibility of Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any relevant evidence shall be admitted if it is the sort of evidence on which
					 responsible persons are accustomed to rely in the conduct of serious affairs,
					 regardless of the existence of any common law or statutory rule that might make
					 improper the admission of such evidence over objection in civil
					 actions.
(b) Hearsay evidence,
					 including but not limited information provided by the public to the Commission
					 or staff or in public comments, may be admitted and used for the purpose of
					 supplementing or explaining other evidence but shall not be sufficient in
					 itself to support a finding unless it would be admissible over objection in a
					 civil action or unless it is in the form of a declaration under penalty of
					 perjury and the declarant is subject to cross-examination as provided in
					 Sections 11322 and
					 11327.
(c) The rules of privilege shall be effective
					 to the extent that they are otherwise required by statute to be recognized at
					 the hearing, and irrelevant or unduly repetitious evidence shall be
					 excluded.
(d) The Chair or the
					 enforcement committee chair shall have the final authority to determine whether
					 any evidence whose admissibility is challenged by objection shall be admitted
					 into evidence and become part of the record.
(e) In determining whether to admit testimony
					 or exhibits into the record over objection, the Chair or the enforcement
					 committee chair shall consult with the Deputy Attorney General advising the
					 Commission or enforcement committee at the hearing.
1.
						Renumbering and amendment of former section
						11339 to section
						11329 filed 10-11-89; operative
						11-10-89 (Register 89, No. 43). For prior history, see Register 87, No.
						30.
2. Amendment of portions of subsection (a) to create new
						subsections (b) and (c) and relettering of former subsections (b) and (c) filed
						9-3-92; operative 10-5-92 (Register 92, No. 36).
3. Amendment of
						subsections (b), (d) and (e) and amendment of 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
						  66638,
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; Section
						  29601,
						  Public Resources Code; and Section
						  351,
						  Evidence Code.
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 11330 - Adoption of an Enforcement Committee Recommended Enforcement Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the
					 enforcement committee has closed the enforcement hearing and completed its
					 deliberations, it shall adopt a recommended enforcement decision, which shall
					 include all of the following:
(1) a summary
					 of (A) any background to the alleged violations, (B) the allegations made by
					 staff in its violation report and/or complaint, (C) the allegations either
					 admitted or not contested by respondent(s), (D) the defenses and mitigating
					 factors raised by the respondent(s), and (E) the staff's response to the
					 defenses, mitigating factors, or arguments raised by the
					 respondent(s);
(2) a statement of
					 any rulings by the enforcement committee;
(3) a recommended enforcement decision on a
					 proposed order setting administrative civil liability shall identify the
					 violations for which penalties are proposed and include:
(A) the total amount of proposed
					 administrative civil penalties; and
(B) a statement of the applicable factors set
					 forth in Government Code Section
					 66641.9
					 that the enforcement committee considered, consistent with the Administrative
					 Civil Penalty Policy in Appendix J of these regulations, in determining the
					 total amount of the proposed administrative civil
					 penalties;
(4) a
					 statement of whether the Executive Director has issued a cease and desist order
					 and its expiration date;
(5) any
					 further written report on or explanation of the enforcement proceedings as the
					 enforcement committee believes is appropriate;
(6) a recommendation on what action the
					 Commission should take; and
(7) the
					 proposed text of any cease and desist order, permit revocation order, order
					 setting administrative civil liability, or stipulated order that the
					 enforcement committee recommends that the Commission issue or any settlement
					 agreement that the enforcement committee recommends that the Commission
					 approve.
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 11331 - Referral of the Recommended Enforcement Decision to the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At least ten (10) days prior to the Commission's
						consideration of a recommended enforcement decision referred to it either
						directly by the Executive Director or by the enforcement committee, the staff
						shall mail by first class mail or send by email, and shall also make available
						on the Commission's website, the recommended enforcement decision to all
						respondents, to all Commissioners, and to the Deputy Attorney General advising
						the Commission.
1.
						Renumbering and amendment of former Section
						11331 to Section
						11320, and new Section
						11331 filed 10-11-89; operative
						11-10-89 (Register 89, No. 43). For prior history, see Register 87, No.
						30.
2. Amendment of 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
						  66638,
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; and Section
						  29601,
						  Public Resources Codes.
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 11332 - Commission Action on Recommended Enforcement Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subsection (c),
					 when the Commission acts on a recommended enforcement decision, the Commission
					 shall allow representatives of the staff, each respondent, and members of the
					 public an opportunity to present their respective arguments or comments on the
					 recommendation, subject to such reasonable time limits as the Chair may impose
					 and subject to a prohibition against the introduction of any new evidence
					 unless the Commission proceeds either to remand the matter or hold a de novo
					 evidentiary hearing.
(b)
					 Thereafter, the Commission shall do one of the following:
(1) adopt the recommended enforcement
					 decision without any change in any proposed cease and desist order, permit
					 revocation order, or order setting administrative civil liability;
(2) either (A) dismiss the entire matter by
					 voting not to issue any proposed cease and desist order, proposed permit
					 revocation order, or proposed order setting administrative civil liability or
					 (B) if the recommended enforcement decision includes one or more of a proposed
					 cease and desist order, a proposed permit revocation order, and a proposed
					 order setting administrative civil liability, adopt the recommended enforcement
					 decision with regard to one or more proposed orders and dismiss the other
					 proposed order(s) recommended in the recommended enforcement decision by voting
					 not to issue them;
(3) remand the
					 matter to the enforcement committee or the staff for further action as the
					 Commission directs; or
(4) reject
					 the recommended enforcement decision and decide to consider the entire matter
					 de novo. In this event, the Commission shall continue the public hearing to the
					 next available Commission meeting, when it shall proceed in accordance with the
					 same procedural requirements as the Commission must follow under these
					 regulations pursuant to Section
					 11327. As part of this de novo
					 proceeding, the Commission can accept additional evidence only in compliance
					 with Sections
					 11327 and
					 11328 or if the Commission
					 provides the staff, all respondents, and the public a reasonable opportunity to
					 review and respond to the additional evidence prior to the Commission's de novo
					 review.
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 11333 - Commission Hearing Procedures on Direct Referral of an Enforcement Matter by the Executive Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall determine whether to refer
						an enforcement matter to the Commission or to the enforcement committee. When
						the Executive Director refers an enforcement matter directly to the Commission,
						the Commission shall follow the procedures set out in Sections
						11327 through
						11329 and in Section
						11334.
1.
						Renumbering and amendment of former Section
						11333 to Section
						11325, and new Section
						11333 filed 10-11-89; operative
						11-10-89 (Register 89, No. 30). For prior history, see Register 87, No.
						30.
2. Amendment of 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
						  66638,
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; and Section
						  29601,
						  Public Resources Code.
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 11334 - Voting on a Proposed Commission Cease and Desist Order, a Proposed Commission Permit Revocation Order, or a Proposed Commission Order Setting Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission shall vote on a
					 recommended enforcement decision, a proposed Commission cease and desist order,
					 a proposed permit revocation order, or a proposed order setting administrative
					 civil liability by roll call in alphabetical order except that the Chair shall
					 vote last;
(b) Any member may
					 change his or her vote at any time before the Chair announces the final tally;
					 and
(c) The decision of whether or
					 not to issue an order shall be by majority vote of those present and
					 voting.
1.
						Repealer of former Section
						11334, and renumbering and
						amendment of former Section
						11341 to Section
						11334 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, subsection (a) 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
						  66638 and
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; and Section
						  29601,
						  Public Resources Code.