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 11391 - Notice of Liability for Standardized Fines and Opportunity to Appeal or to Resolve Violation Through Commission Enforcement Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the
					 violation has been completely resolved, the Commission staff shall notify the
					 person responsible for the violation by first class mail or email of the amount
					 of standardized fines assessed in accordance with Section
					 11390. The notice shall state that
					 if any person subject to standardized fines believes that the amount of
					 standardized fines is inappropriate or was not properly determined in
					 accordance Section
					 11390, that person can appeal the
					 amount of the fines to the Executive Director and the Chair by submitting to
					 the Executive Director within 21 days of the date of the notice a written
					 statement that the person is appealing and the reasons for the appeal. The
					 Commission staff shall submit to the Executive Director a response to the
					 appeal within 14 days after receipt thereof. The Executive Director and the
					 Chair can reduce the amount of the standardized fines to an amount that they
					 believe is appropriate and can establish a schedule for the payment of the
					 standardized fines in installments.
(b) If any person subject to the standardized
					 fines listed in Sections
					 11390(a), (b), or
					 (c) believes that the 35-day time limit for
					 resolution without a standardized fine established pursuant to Sections
					 11387 and
					 11388 is not feasible, that person
					 may appeal the time limit to the Executive Director and the Chair by submitting
					 to the Executive Director within 35-days of the notice mailed pursuant to
					 Section 11387 a written statement that the
					 person is appealing the 35-day time limit, the reasons for the appeal, and a
					 proposed alternative date to complete the required corrective action. The
					 Executive Director and the Chair can modify the 35-day time limit and the time
					 periods for accrual of standardized fines set forth in Section
					 11390(a) for the
					 violation as they believe appropriate.
(c) If any person subject to standardized
					 fines does not appeal the amount of such fines within 21 days of receiving
					 notice from Commission staff under subsection (a), the full amount of such
					 fines shall be due and payable by cashier's check thirty (30) days after the
					 date of the notice provided under subsection (a).
(d) If any person subject to standardized
					 fines appeals the amount of such fines within 21 days of receiving notice from
					 Commission staff under subsection (a), any fines the Executive Director and
					 Chair determine to be appropriate shall be due and payable by cashier's check
					 by the date or dates specified in their decision on the appeal.
(e) Any person receiving a notice under
					 Section 11387 may waive the opportunity to
					 resolve the violation under this Article by submitting a letter to the
					 Executive Director indicating such a waiver and requesting that the violation
					 be resolved through Commission enforcement proceedings in accordance with
					 Sections 11321 through
					 11334 if that person believes such
					 proceedings are necessary to fairly determine liability for the violation, the
					 appropriate remedy, or the appropriate fine or administrative civil penalty
					 amount. A waiver of the opportunity to resolve a violation under this Article
					 and request that the violation be resolved through Commission enforcement
					 proceedings may be submitted at any time after receipt of a notice under
					 Section 11387 but no later than:
(1) twenty one (21) days after the date of
					 the notice provided by Commission staff under subsection (a) of amount of
					 standardized fines assessed, if the person receiving such notice elects not to
					 appeal the amount of such fines to the Executive Director and Chair;
					 or
(2) fourteen (14) days after the
					 date of the decision of the Executive Director and Chair on any appeal of the
					 amount of standardized fines. If a letter waiving the opportunity to resolve a
					 violation under this Article and requesting that the violation be resolved
					 through Commission enforcement proceedings is submitted after the Commission
					 staff has provided notice under subsection (a) of the amount of standardized
					 fines assessed or after the decision of the Executive Director and Chair on any
					 appeal of the amount of standardized fines, no such fines shall be due pursuant
					 to that notice or that decision, and the appropriate amount of fines or
					 administrative civil penalties shall be determined through Commission
					 enforcement proceedings.