California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Section 3003 - Settlements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Settlements of
				Private Proposition 65 Actions. The Private Enforcer shall serve the Settlement on
				the Attorney General with a Report of Settlement in the form set forth in Appendix B
				within five days after the action is Subject to a Settlement, or concurrently with
				service of the motion for judicial approval of settlement pursuant to Health and
				Safety Code section
				25249.7(f)(4),
				whichever is sooner. The motion and all supporting papers and exhibits shall be
				served on the Attorney General no later than forty-five days prior to the date of
				the hearing of the motion. If court rules or other applicable orders do not permit a
				forty-five day period, the Private Enforcer shall apply for permission to file the
				motion with a forty-five day notice period. If the court denies the request in whole
				or in part, the motion shall be noticed for the maximum time permitted by the court,
				and a copy of the application seeking a forty-five day time period and the court's
				order shall be served on the Attorney General with the motion for approval. The
				forty-five day period shall not apply in any case in which the Attorney General is a
				plaintiff in consolidated or related matters with the Private Enforcer and the
				settlement is a Consent Judgment entered into by the Attorney General and the
				Private Enforcer. The submission to the Attorney General shall contain the entire
				agreement between the parties. The papers filed with the court shall advise the
				court that the fact that the Attorney General does not object or otherwise respond
				to a settlement shall not be construed as endorsement of or concurrence in any
				settlement.
(b) Settlements of Other
				Private Actions Alleging Proposition 65 Violations. The Private Enforcer shall serve
				the Attorney General with the Settlement and a Report of Settlement in the form set
				forth in Appendix B within two days after the action is Subject to a Settlement. The
				Attorney General shall have thirty days after actual receipt to review the
				settlement. During the thirty-day period, the settlement shall not be submitted to
				the court, unless required by court order or rule or the Attorney General has stated
				in writing that the Attorney General does not object to entry of the
				settlement.
(c) Settlement of Noticed
				Violations Without Complaint. A Private Enforcer who has agreed to a settlement of
				any violation alleged in a notice given pursuant to Health and Safety Code section
				25249.7(d)(1)
				without filing a complaint shall serve the Attorney General with the Settlement and
				a Report of Settlement in the form set forth in Appendix B within five days after
				any violation alleged in the notice is Subject to a Settlement.
(d) The fact that the Attorney General does not
				object or otherwise respond to a settlement shall not be construed as endorsement of
				or concurrence in any settlement.
1. New section
				  filed 6-1-2001; operative 7-1-2001 (Register 2001, No. 22).
2. Amendment
				  filed 12-31-2001 as an emergency; operative 1-1-2002 (Register 2002, No. 1). A
				  Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency
				  language will be repealed by operation of law on the following day.
3.
				  Amendment refiled 4-23-2002 as an emergency; operative 5-1-2002 (Register 2002, No.
				  17). A Certificate of Compliance must be transmitted to OAL by 8-29-2002 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. Amendment refiled 8-29-2002 as an emergency; operative 8-29-2002
				  (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by
				  12-27-2002 or emergency language will be repealed by operation of law on the
				  following day.
5. Certificate of Compliance as to 8-29-2002 order,
				  including further amendment of section, transmitted to OAL 12-4-2002 and filed
				  1-17-2003 (Register 2003, No. 3).
6. Amendment of subsections (a) and
				  (b), new subsection (c) and subsection relettering filed 8-30-2016; operative
				  10-1-2016 (Register 2016, No. 36).
7. Change without regulatory effect
				  amending subsection (b) filed 12-6-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 50).
Note: Authority cited: Section
					 25249.7(f),
					 Health and Safety Code. Reference: Sections
					 25249.7(e)
					 and
					 25249.7(f),
					 Health and Safety Code.