reglab/statecodes huggingface dataset:
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 11335 - Staff Report and Recommendation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former Section
						11335 to Section
						11326 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: Sections
						  66637-
						  66642,
						  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 11336 - Distribution of Staff Report and Recommendation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former Section
						11336 to Section
						11324 filed 10-11-89;
						operative11-10-89 (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: Sections
						  66637-
						  66642,
						  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 11337 - Notice of Public Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  66637-
						  66642,
						  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 11338 - Public Hearing Procedure. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former Section
						11338 to Section
						11327 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: Sections
						  66637-
						  66642,
						  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 11339 - Admissibility of Evidence. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  11513 and
						  66637-
						  66642,
						  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 11340 - Contents of Cease and Desist Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Cease and desist orders shall be signed
					 by the Executive Director and shall contain the following:
(1) a statement of whether the Executive
					 Director is issuing the order pursuant to Section
					 66637 of
					 the Government Code or the Commission is issuing the order pursuant to Section
					 66638 of
					 the Government Code;
(2) the names
					 of the person or persons who have undertaken or who are threatening to
					 undertake the activity that is the subject of the order;
(3) identification of the property where the
					 activity has been undertaken or may be undertaken;
(4) a description of the activity;
(5) the effective date of the
					 order;
(6) the expiration date, if
					 any, of the order;
(7) any terms,
					 conditions, or other provisions necessary to bring the activity into compliance
					 with the provisions of the McAteer-Petris Act, the Suisun Marsh Preservation
					 Act, or a permit;
(8) written
					 findings that (1) explain the decision to issue the order and (2) provide the
					 factual and legal basis for the issuance of the order;
(9) in the case of an order issued by the
					 Executive Director, notice of the date and place of any public hearing to be
					 held on any cease and desist order proposed to be issued by the Commission
					 relating to the same activity if the Executive Director has scheduled
					 one;
(10) notice that a respondent
					 may file with the superior court a petition for writ of mandate for review of
					 the order pursuant to Section
					 1094.5
					 of the Code of Civil Procedure within thirty (30) days after service of a copy
					 of the order; and
(11) such other
					 provisions that the Commission has approved, including provisions relating to:
(A) a disclaimer of any effect of the order
					 upon any duties, rights, or obligations under private agreements or under
					 regulations of other public bodies;
(B) the obligation to conform strictly to the
					 order and the consequences of the failure to do so; and
(C) the fact that the order does not
					 constitute a recognition of property rights.
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 11341 - Modifications of Cease and Desist Orders Issued by the Executive Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director may modify a cease and desist
						order that he or she has issued for good cause, but he or she shall not do so
						in a manner that extends the 90-day expiration period provided for in Section
						66637 of
						the Government Code unless a respondent stipulates in writing to the extension.
						The Executive Director may, however, issue consecutive cease and desist orders
						for a persisting violation or a persisting threatened
						violation.
1.
						Renumbering and amendment of former Section
						11341 to Section
						11334, and renumbering and
						amendment of former Section
						11344(a) to
						Section 11341 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: Section
						  66637,
						  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 11342 - Modification of Cease and Desist Orders Issued by the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director may modify a cease and desist
						order issued by the Commission for good cause if the modification would not be
						a material alteration of the order.
1.
						Renumbering and amendment of former Section
						11342 to Section
						11370, and renumbering and
						amendment of former Section
						11344(b) to
						Section 11342 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: 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 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 11343 - Appeal from the Modification of a Commission Cease and Desist Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person who
					 has been personally served with a Commission cease and desist order or to whom
					 the Commission has mailed by certified mail a cease and desist order and to
					 whom the order is directed may appeal to the Commission any modification of the
					 order by the Executive Director by filing a written statement that the party is
					 appealing the modification and the reasons for the appeal.
(b) If the appeal is filed within ten days of
					 the personal service or mailing by certified mail of the modification to the
					 order, the appeal shall stay the effect of the modification, but the previously
					 effective order shall remain in effect.
(c) Appeals of modifications of a cease and
					 desist order by the Executive Director cannot be filed more than ten days after
					 the personal service or mailing by certified mail of the
					 modification.
1.
						Renumbering and amendment of former Section
						11343 to Section
						11340, and renumbering and
						amendment of former Section
						11344(c) to
						Section 11343 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: 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 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 11344 - Amendments to Cease and Desist Orders. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former Section
						11344 to Sections
						11341,
						11342, and
						11343 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: Sections
						  66637-
						  66642,
						  Government Code; Section
						  29601,
						  Public Resources Code; and Bel Mar Estates v. California Coastal Commission
						  (1981) Cal. App. 3d 936, 940.
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 11350 - Contents of Permit Revocation Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Commission permit revocation orders shall
					 be signed by the Executive Director and shall contain the following:
(1) the names of the person or persons who
					 have violated a term or condition of a Commission permit or a Commission cease
					 and desist order or who have misstated any information on a permit application
					 or at a public hearing;
(2) an
					 identification of the term or condition of a permit or a cease and desist order
					 that was violated, or the information that was misstated on the permit
					 application;
(3) the effective date
					 of the order;
(4) the work and uses
					 that are no longer authorized and the date by which any corrective actions or
					 termination of uses must occur;
(5)
					 any terms, conditions, or other provisions that the Commission may determine
					 that, if complied with, could avoid revocation of the permit;
(6) written findings that (A) explain the
					 decision to issue the permit revocation order and (B) provide the factual and
					 legal basis for the issuance of the order;
(7) notice that an aggrieved party can file
					 with the superior court a petition for a writ of mandate for review of the
					 order pursuant to Section
					 1094.5
					 of the Code of Civil Procedure.
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 11351 - Modification of Permit Revocation Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director may modify a permit revocation
						order for good cause if the modification would not materially change the
						order.
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: Section
						  66638,
						  Government Code; and Sections
						  29600
						  and
						  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 11352 - Appeal from Modification of a Permit Revocation Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person to whom the Commission has
					 issued a permit revocation order may appeal to the Commission any modification
					 of the order by the Executive Director by filing within ten (10) days of the
					 date of the personal service or mailing by certified mail of the modification a
					 written statement that the party is appealing the modification and the reasons
					 for the appeal.
(b) If the appeal
					 is filed within ten days of the personal service or mailing by certified mail
					 of the modification to the order, the appeal shall stay the effect of the
					 modification, but the previously effective order shall remain in
					 effect.
(c) Appeals of
					 modifications of a permit revocation order by the Executive Director cannot be
					 filed more than ten days after the personal service or mailing by certified
					 mail of the modification.
1. New
						section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
2.
						Amendment of subsections (b)-(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: 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 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 11360 - Preparation and Execution of Commission Cease and Desist Orders, Permit Revocation Orders, and Orders Setting Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall prepare and sign a cease and
						desist order, a permit revocation order, or an order setting administrative
						civil liability authorized by the Commission no later than the fifth (5th)
						working day following approval.
1.
						Renumbering and amendment of Section
						11051 to Section
						11360 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 73, No.
						50.
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,
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; and Sections
						  29601,
						  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 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 11361 - Issuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Issuance" of a cease and desist order, a permit
						revocation order, an order setting administrative civil liability, or of any
						modification of such orders, is complete when the Executive Director executes
						the original copy of the order or modification and it is stamped "Issued BCDC"
						with the date.
1.
						Renumbering and amendment of Section
						11050 to Section
						11361 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 73, No.
						50.
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89,
						No. 43).
3. 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
						  66637,
						  66638,
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; and Sections
						  29600
						  and
						  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 11380 - Content of Complaint for Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The complaint shall follow the format and contain the
						information set out in Appendix H to these regulations. The complaint shall
						identify the violations for which administrative civil penalties are proposed
						and include:
(a) a list or table of
					 all alleged violations for which staff is proposing a penalty;
(b) the total amount of proposed
					 administrative civil penalties; and
(c) 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;
1. New
						section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
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
						  66641.5(e),
						  66641.6
						  and
						  66641.9,
						  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 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 11381 - Commission Hearing on Complaint for Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission
					 shall comply with the requirements of Cal. Govt. Code Section
					 66641.6(b)
					 by either:
(1) hearing the matter itself
					 within 60 days of the service of the complaint; or
(2) by having the enforcement committee hold
					 a hearing within 60 days of the service of the complaint. With the written
					 consent of the respondent(s) to whom a complaint is issued, the Executive
					 Director shall for good cause extend the 60-day time limit for a hearing on the
					 complaint under Government Code Section
					 66641.6(b).
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 11382 - Further Procedures for Commission Review of Complaints for Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall follow the procedures established by
						Sections 11321 through
						11334 of these regulations when it
						considers a recommended enforcement decision from either the staff or the
						enforcement committee relative to the possible imposition of administrative
						civil liability.
1. New
						section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
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. Reference: Sections
						  66641.5(e),
						  66641.6
						  and
						  66641.9,
						  Government 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 11383 - Contents of a Commission Order Setting Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Commission
					 order setting administrative civil liability shall be signed by the Executive
					 Director and shall contain the following:
(1)
					 the name(s) of the person(s) required to pay the civil penalties;
(2) the amount of the civil penalties and
					 findings that address the applicable factors set forth in Government Code
					 Section
					 66641.9
					 that the Commission considered in determining the amount of the civil
					 penalties;
(3) the date by which
					 the civil penalties must be paid in full, or, if the penalties are to be paid
					 in installments, the amount of each installment and the date by which each
					 installment must be paid;
(4)
					 written findings that (1) explain the decision to issue the order setting
					 administrative civil liability and (2) provide the factual and legal basis for
					 the issuance of the order, and
(5)
					 notice that a person to whom the Commission issues an order setting
					 administrative civil liability may file with the superior court a petition for
					 writ of mandate for review of the order pursuant to Section
					 1094.5
					 of the Code of Civil Procedure within thirty (30) days after service of a copy
					 of the order.
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 11384 - Modification of a Commission Order Setting Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director may modify an order setting
						administrative civil liability for good cause if the modification would not
						alter the total amount of the civil penalties or otherwise materially change
						the order.
1. New
						section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
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. Reference: Sections
						  66641.5(e),
						  66641.6
						  and
						  66641.9,
						  Government 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 11385 - Appeal from Modification of an Order Setting Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person to
					 whom the Commission has issued an order setting administrative civil liability
					 may appeal to the Commission any modification of the order by the Executive
					 Director by filing within ten (10) days of the date of personal service or
					 mailing by registered mail of the modification a written statement that the
					 party is appealing the modification and the reasons for the appeal.
(b) If the appeal is filed within ten days of
					 the personal service or mailing by registered mail of the modification to the
					 order, the appeal shall stay the effect of the modification, but the previously
					 effective order shall remain in effect.
(c) Appeals of modifications of an order
					 setting administrative civil liability by the Executive Director cannot be
					 filed more than ten days after the personal service or mailing by registered
					 mail of the modification.
1. New
						section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
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
						  66641.5(e),
						  66641.6
						  and
						  66641.9,
						  Government 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 3 - Standardized Fines › Section 11386 - Applicability of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This Article shall apply to an enforcement action if the Executive Director
					 determines:
(1) that an alleged violation is
					 one of the types identified in Section
					 11390;
(2) that the alleged violation has not
					 resulted in significant harm to the Bay's resources or to existing or future
					 public access; and
(3) that the
					 alleged violation can be corrected in a manner consistent with the Commission's
					 laws and policies.
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 3 - Standardized Fines › Section 11387 - Notice of Alleged Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If this Article applies to an enforcement action, the
						Executive Director shall mail a written notice to the person(s) responsible for
						the alleged violation(s) that contains all of the following information:
(a) the nature of the alleged violation(s)
					 and each and every action that must be taken to correct the alleged
					 violation;
(b) the fact that if the
					 alleged violation(s) are fully corrected within 35 days of the mailing of the
					 notice, the Commission shall not impose any fine; and
(c) the fact that if the alleged violation(s)
					 are not fully corrected within 35 days of mailing of the notice, the person
					 responsible for the alleged violation(s) may be subject to the payment of a
					 fine and may resolve the alleged violation(s) by taking each and every
					 corrective action required by the notice and paying the standardized fine
					 specified in Section
					 11390(a) or
					 11390(b) without
					 having to go through a Commission enforcement proceeding pursuant to Sections
					 11321 through
					 11334, except as provided in
					 Section 11390(d).
1.
						Renumbering and amendment of former section
						11386, subsections (b)-(b)(3) to
						new section
						11387 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: Section
						  66641.5(e),
						  Government Code; and Section
						  29610,
						  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 3 - Standardized Fines › Section 11388 - Opportunity to Complete Corrective Action Without Imposition of a Standardized Fine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided in Section
						11390(c), if the
						person responsible for the alleged violation(s) submits to the Executive
						Director information demonstrating that the alleged violation(s) have not
						occurred or that such person has completed each and every corrective action
						specified in the notice pursuant to Section
						11387 within thirty-five (35) days
						after the mailing of the notice, the Commission shall not impose any
						standardized fine.
1.
						Renumbering and amendment of former section
						11386, subsection (c) to new
						section 11388 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: Section
						  66641.5(e),
						  Government Code; and Section
						  29610,
						  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 3 - Standardized Fines › Section 11389 - Opportunity to Complete Corrective Action with Imposition of a Standardized Fine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided in Sections
						11390(c) and
						11390(d), if the
						person responsible for the alleged violation(s) fails to submit to the
						Executive Director information demonstrating that such person has completed
						each and every corrective action required by the notice pursuant to Section
						11387 within thirty-five (35) days
						after the date of the mailing of the notice, the responsible person may resolve
						the alleged violation(s) by completing each and every corrective action
						required by the notice sent pursuant to Section
						11387 and by paying a fine in the
						amount provided in Sections
						11390(a) or
						11390(b).
1.
						Renumbering and amendment of former section
						11386, subsection (d) to new
						section 11389 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: Section
						  66641.5(e),
						  Government Code; and Section
						  29610,
						  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 3 - Standardized Fines › Section 11390 - Violations Subject to a Standardized Fine and Schedule of Standardized Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The following standardized fines shall apply to the following types of alleged
					 violations:
(1) for the failure to return an
					 acknowledged, executed Commission permit before commencing the work authorized
					 by the permit, or, for any permit issued to authorize previously commenced or
					 completed work, for failure to return an acknowledged, executed permit within
					 the time period stated in the permit:
(A) if
					 the fully executed permit is returned between thirty-six (36) and sixty-five
					 (65) days after the date of the mailing of the notice required by Section
					 11387: TWO THOUSAND DOLLARS
					 ($2,000.00); or
(B) if the fully
					 executed permit is returned more than sixty-five (65) days after the date of
					 the mailing of the notice required by Section
					 11387: FIVE THOUSAND DOLLARS
					 ($5,000.00) plus FIVE HUNDRED DOLLARS ($500.00) per day from the sixty-fifth
					 (65) day to the date the fully executed permit is received by the
					 staff.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 1 - Application › Section 11400 - Application of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Chapter shall govern the issuance of a marsh
						development permit or any other local permit that incorporates the provisions
						of a marsh development permit, hereinafter referred to as "a marsh development
						authorization," by local governments pursuant to California Public Resources
						Code Section
						29502(a)
						and appeals from marsh development authorizations issued by local
						governments.
1.
						Renumbering and amendment of Section
						11225 to Section
						11400 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Section
						  29502,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 2 - Marsh Development Permits Issued by Local Governments › Section 11410 - Order of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a Suisun Marsh development requires both a marsh
						development permit from the Commission and a marsh development authorization
						from a local government because part of the development site is located within
						either the primary management area of the Suisun Marsh or within tidelands,
						submerged lands, or other public trust lands within the secondary management
						area and if another part of the development site is located within the
						secondary management area of the Suisun Marsh, the person or entity who
						proposes the development shall first obtain the marsh development authorization
						from the appropriate local government for that part of the site or development
						that is within the secondary management area before requesting a marsh
						development permit from the Commission for that part of the site or development
						that is within the primary management area.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2.
						Change without regulatory effect amending section 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: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  29300
						  and
						  29502,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 2 - Marsh Development Permits Issued by Local Governments › Section 11411 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The person or
					 entity applying for a marsh development authorization from local government for
					 a development within the secondary management area shall submit to the local
					 government and the local government shall require the person or entity to
					 provide the following:
(1) an application
					 that provides detailed information about the development and that includes a
					 site plan that shows the property lines of the site and the location and extent
					 of existing and proposed work and uses information that clearly distinguishes
					 existing improvements from proposed improvements, and existing shoreline public
					 access areas from proposed shoreline public access areas, the location of any
					 existing levees and water transporting and water control structures, and
					 information that identifies all building elevations, the approximate distance
					 from the development to the nearest marsh, the location of any managed wetland
					 and any tidal area in the vicinity, and the name and location of the nearest
					 public road;
(2) a statement that
					 describes all environmental impacts that may arise from the proposed
					 development with supporting facts and information;
(3) a statement that the person signing the
					 application is either the applicant or has the authority to bind legally the
					 applicant;
(4) sufficient evidence
					 that shows the applicant either owns the land, has a lease of sufficient
					 duration to allow a reasonable return on any investment, or has an enforceable
					 option on the land on which the development will occur or other similar
					 authority to use the property; and
(5) a statement under penalty of perjury by
					 the person signing the application that all the information submitted is
					 complete and accurate.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 2 - Marsh Development Permits Issued by Local Governments › Section 11412 - Notice to the Commission of Pending Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within five (5) working days of the
					 filing of an application with the local government for a marsh development
					 authorization, the local government shall provide in writing to the Commission
					 the following information:
(1) the fact of the
					 application;
(2) the nature of the
					 project;
(3) the date the local
					 government filed the application;
(4) the date of any public hearing(s) that
					 will be held; and
(5) an estimated
					 date when the local government will take final action.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 2 - Marsh Development Permits Issued by Local Governments › Section 11413 - Local Government Notice to Other Persons of Pending Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The local
					 government shall notify in writing the following entities of a pending
					 application for a marsh development authorization:
(1) the California Department of Fish and
					 Game, Region III;
(2) the State
					 Lands Commission;
(3) the Solano
					 County Mosquito Abatement District;
(4) the Suisun Resource Conservation
					 District;
(5) the San Francisco Bay
					 Regional Water Quality Control Board;
(6) all owners of adjacent property;
					 and
(7) all persons and
					 organizations who have requested such notice in writing.