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 › Section 13181 - Commencement of Cease and Desist Order Proceeding Before the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  executive director believes that the results of an enforcement investigation so
				  warrant, he or she may commence a cease and desist order proceeding before the
				  commission. The executive director shall formally commence such a proceeding by
				  providing any person whom he or she believes to have acted or failed to act in
				  such a manner as to trigger the application of section
				  30810(a)
				  of the Public Resources Code, or who is threatening to so act, with notice of
				  his or her intent to do so, unless the person waives the right to such notice.
				  Such notice of intent may be given either as a provision of a cease and desist
				  order issued pursuant to section
				  30809
				  of the Public Resources Code or by separate written communication delivered
				  either (1) by certified mail, (2) by regular mail or electronic mail, receipt
				  of which is confirmed by subsequent oral or written communication, or (3) by
				  hand, and shall include, at minimum, the information specified in sections
				  13187(a)(4), (5), and
				  (6) together with an explanation of the basis
				  of the executive director's belief that the specified activity, threat, or
				  failure to act meets the criteria of section
				  30810(a). The
				  notice of intent shall be accompanied by a "statement of defense form" that
				  conforms to the format attached to these regulations as Appendix A with an
				  indication of when the completed form is due back to the Commission. The
				  person(s) to whom such notice is given shall complete and return the statement
				  of defense form to the Commission by the date specified therein, which date
				  shall be no earlier than 20 days from transmittal of the notice of
				  intent.
(b) The executive director
				  may at his or her discretion extend the time limit for submittal of the
				  statement of defense form imposed by any notice of intent issued pursuant to
				  subsection (a) of this section, upon receipt, within the time limit, of a
				  written request for such extension and a written demonstration of good cause.
				  The extension shall be valid only to those specific items or matters that the
				  executive director identifies to the party that requested the extension as
				  being exempt from the deadline for the Statement of Defense form, and shall be
				  valid only for such additional time as the executive director allows.
Once the applicable deadline for the submittal of (i) the
					 Statement of Defense form or (ii) any specific items or matters for which the
					 executive director has provided an extended deadline has passed, no additional
					 defenses, factual claims, or supporting evidence may be submitted unless the
					 responding party demonstrates to the satisfaction of the Executive Director
					 that the late response could not have been submitted earlier, in which case the
					 late response may nevertheless trigger a delay in the proceedings pursuant to
					 section 13185(d) or
					 otherwise.
1. New
					 section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2.
					 Amendment of subsection (a) filed 1-12-98; operative 2-11-98 (Register 98, No.
					 3).
3. Amendment of subsection (a) filed 7-30-2019; operative
					 1-1-2020 pursuant to Government Code section
					 11343.4(b)(2)
					 (Register 2019, No. 31).
4. Amendment of subsection (b) filed
					 11-27-2019; operative 1-1-2020 (Register 2019, No.
					 48).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30810,
						Public Resources Code.