California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 8 - Procedures for the Issuance of Commission Cease and Desist Orders › Appendix A - Statement of Defense Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DEPENDING ON THE OUTCOME OF FURTHER DISCUSSIONS THAT OCCUR
					 WITH COMMISSION ENFORCEMENT STAFF AFTER YOU HAVE COMPLETED AND RETURNED THIS
					 FORM, ADMINISTRATIVE OR JUDICIAL ENFORCEMENT PROCEEDINGS MAY PROCEED AGAINST
					 YOU. IF THAT OCCURS, ANY STATEMENTS THAT YOU MAKE ON THIS FORM WILL BECOME PART
					 OF THE ENFORCEMENT RECORD AND MAY BE USED AGAINST YOU.
YOU MAY WISH TO CONSULT WITH OR RETAIN AN ATTORNEY BEFORE
					 YOU COMPLETE THIS FORM OR OTHERWISE CONTACT THE COMMISSION ENFORCEMENT
					 STAFF.
This form is accompanied by either a cease and desist order
					 issued by the executive director or a notice of intent to initiate cease and
					 desist order proceedings before the commission. This document indicates that
					 you are or may be responsible for or in some way involved in either a violation
					 of the commission's laws or a commission permit. The document summarizes what
					 the (possible) violation involves, who is or may be responsible for it, where
					 and when it (may have) occurred, and other pertinent information concerning the
					 (possible) violation.
This form requires you to respond to the (alleged) facts
					 contained in the document, to raise any affirmative defenses that you believe
					 apply, and to inform the staff of all facts that you believe may exonerate you
					 of any legal responsibility for the (possible) violation or may mitigate your
					 responsibility. This form also requires you to enclose with the completed
					 statement of defense form copies of all written documents, such as letters,
					 photographs, maps, drawings, etc. and written declarations under penalty of
					 perjury that you want the commission to consider as part of this enforcement
					 hearing.
You should complete the form as fully and accurately as you
					 can and as quickly as you can and return it no later than ____________________
					 to the commission's enforcement staff at the following address:
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, California 94105
If you have any questions, please contact as soon as
					 possible ____________________ of the commission enforcement staff at telephone
					 number 415-904-5200.
1. Facts or allegations contained in the cease and desist
					 order or the notice of intent that you admit (with specific reference to the
					 paragraph number in such document):
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
2. Facts or allegations contained in the cease and desist
					 order or notice of intent that you deny (with specific reference to the
					 paragraph number in such document):608.3.]
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
3. Facts or allegations contained in the cease and desist
					 order or notice of intent of which you have no personal knowledge (with
					 specific reference to the paragraph number in such document):
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
4. Other facts which may exonerate or mitigate your
					 possible responsibility or otherwise explain your relationship to the possible
					 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):
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
5. Any other information, statement, etc. that you want to
					 offer or make:
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
6. Documents, exhibits, declarations under penalty of
					 perjury or other materials that you have attached to this form to support your
					 answers or that you want to be made part of the administrative record for this
					 enforcement proceeding (Please list in chronological order by date, author, and
					 title and enclose a copy with this completed form):
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
1. New
					 Appendix A filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2.
					 Amendment of first paragraph filed 7-30-2019; operative 1-1-2020 pursuant to
					 Government Code section
					 11343.4(b)(2)
					 (Register 2019, No. 31).