California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Appendices › Appendix H - Violation Report/Complaint for Administrative Civil Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
File:
Permit:
Date Mailed:
35th Day After Mailing:
60th Day After Mailing:
Hearing Date:
Violation Report/Complaint for Administrative Civil
				  Liability [Insert Name(s) of Respondent(s)]
FAILURE TO RESPOND TO THIS VIOLATION REPORT/COMPLAINT FOR
				  ADMINISTRATIVE CIVIL LIABILITY BY COMPLETING THE ENCLOSED STATEMENT OF DEFENSE
				  FORM AND ENCLOSING ALL PERTINENT DECLARATIONS UNDER PENALTY OF PERJURY,
				  PHOTOGRAPHS, LETTERS, AND OTHER WRITTEN DOCUMENTS COULD RESULT IN A CEASE AND
				  DESIST ORDER, A PERMIT REVOCATION ORDER, OR AN ORDER SETTING ADMINISTRATIVE
				  CIVIL LIABILITY AND IMPOSING A SUBSTANTIAL CIVIL PENALTY BEING ISSUED TO YOU
				  WITHOUT YOUR HAVING AN OPPORTUNITY TO CONTEST THEM BY RAISING ANY DEFENSES OR
				  MITIGATING FACTORS OR TO INTRODUCE ANY EVIDENCE.
The San Francisco Bay Conservation and Development Commission
				  is issuing this violation report/complaint for administrative civil liability
				  and the enclosed statement of defense form because the Commission's staff
				  believes that you may be responsible for or involved with a possible violation
				  of either the Commission's laws or a Commission permit. The report/complaint
				  contains a brief description of the alleged violation, a summary of all the
				  pertinent information currently known to staff, and a list of all supporting
				  evidence relied on by staff. All the listed supporting evidence is attached to
				  or accompanies this report/complaint or will be provided to you in electronic
				  format upon request. You can arrange to review the Commission's enforcement
				  file for this matter located at the Commission's offices and/or have copies of
				  these materials made at your expense by contacting
				  ______________________________ of the Commission's staff at telephone number
				  415-352-3600. The report/complaint informs you of the nature of the possible
				  violation and lists the supporting evidence so that you can fill out the
				  enclosed Statement of Defense form and otherwise be prepared for the Commission
				  enforcement proceedings.
Receipt of the report and the enclosed statement of defense
				  form is the first step in Commission enforcement proceedings. Subsequently,
				  either the Commission or its enforcement committee shall hold an enforcement
				  hearing and the Commission will determine what, if any, enforcement action to
				  take.
Careful reading and a timely response to these materials are
				  essential to allow you to present your side of the case to the Commission. A
				  copy of the Commission's enforcement regulations is also included so that you
				  can fully understand the Commission's enforcement procedures. If you have any
				  questions concerning either the report/complaint, the enclosed statement of
				  defense form, the procedures that the Commission and its enforcement committee
				  follow, or anything else pertinent to this matter, contact ____________________
				  of the Commission's staff as quickly as possible at telephone number
				  415-352-3600. Thank you for your cooperation.
1. Person or persons responsible for the violation or
				  unauthorized activity:
___________________________
___________________________
___________________________
___________________________
2. Brief description of the nature of the violation or
				  unauthorized activity:
___________________________
___________________________
___________________________
___________________________
3. Description of and location of the property on which the
				  violation or unauthorized activity occurred:
___________________________
___________________________
___________________________
___________________________
4. Name of owner, lessee (if any), and other person(s) (if
				  any) who controls property on which violation or unauthorized activity
				  occurred:
___________________________
___________________________
___________________________
___________________________
5. Approximate date (and time if pertinent and known) that
				  the violation or unauthorized activity occurred:
___________________________
___________________________
___________________________
___________________________
6. Summary of all pertinent information currently known to
				  the staff in the form of proposed findings of fact with references to all
				  pertinent supporting evidence listed in an attachment to the
				  report/complaint
___________________________
___________________________
___________________________
___________________________
7. Provisions of law or Commission permit that the staff
				  alleges have been violated:
___________________________
___________________________
___________________________
___________________________
8. If the staff is proposing that the Commission impose an
				  administrative civil penalty as part of this enforcement proceeding:
(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 the Commission's regulations, in
				  determining the total amount of the proposed administrative civil penalties;
				  and
___________________________
___________________________
___________________________
9. Any other statement or information that the staff believes
				  is either pertinent to the alleged violation or unauthorized activity or
				  important to a full understanding of the alleged violation or unauthorized
				  activity:
___________________________
___________________________
___________________________
10. A list of all supporting evidence relied on by staff,
				  including any declarations under penalty of perjury, that is attached to or
				  accompanies this report/complaint or that will be provided to you in electronic
				  format upon request.
___________________________
1. New
				  Appendix H filed 5-18-87; operative 6-17-87 (Register 87, No.
				  30).
2. Amendment filed 10-11-89; operative 11-10-89 (Register 89,
				  No. 43).
3. Change without regulatory effect relocating Appendix H
				  from chapter 17 to chapter 24 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.)
4. Amendment of appendix title
				  and appendix and new 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.