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
Appendix A - Statement of Defense Form
DEPENDING ON THE OUTCOME OF FURTHER DISCUSSIONS THAT OCCUR WITH COMMISSION ENFORCEMENT STAFF AFTER YOU HAVE COMPLETED AND RETURNED THIS FORM, ADMINISTRATIVE OR JUDICIAL ENFORCEMENT PROCEEDINGS MAY PROCEED AGAINST YOU. IF THAT OCCURS, ANY STATEMENTS THAT YOU MAKE ON THIS FORM WILL BECOME PART OF THE ENFORCEMENT RECORD AND MAY BE USED AGAINST YOU.
YOU MAY WISH TO CONSULT WITH OR RETAIN AN ATTORNEY BEFORE YOU COMPLETE THIS FORM OR OTHERWISE CONTACT THE COMMISSION ENFORCEMENT STAFF.
This form is accompanied by either a cease and desist order issued by the executive director or a notice of intent to initiate cease and desist order proceedings before the commission. This document indicates that you are or may be responsible for or in some way involved in either a violation of the commission's laws or a commission permit. The document summarizes what the (possible) violation involves, who is or may be responsible for it, where and when it (may have) occurred, and other pertinent information concerning the (possible) violation.
This form requires you to respond to the (alleged) facts contained in the document, to raise any affirmative defenses that you believe apply, and to inform the staff of all facts that you believe may exonerate you of any legal responsibility for the (possible) violation or may mitigate your responsibility. This form also requires you to enclose with the completed statement of defense form copies of all written documents, such as letters, photographs, maps, drawings, etc. and written declarations under penalty of perjury that you want the commission to consider as part of this enforcement hearing.
You should complete the form as fully and accurately as you can and as quickly as you can and return it no later than ____________________ to the commission's enforcement staff at the following address:
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, California 94105
If you have any questions, please contact as soon as possible ____________________ of the commission enforcement staff at telephone number 415-904-5200.
1. Facts or allegations contained in the cease and desist order or the notice of intent that you admit (with specific reference to the paragraph number in such document):
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2. Facts or allegations contained in the cease and desist order or notice of intent that you deny (with specific reference to the paragraph number in such document):608.3.]
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3. Facts or allegations contained in the cease and desist order or notice of intent of which you have no personal knowledge (with specific reference to the paragraph number in such document):
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4. Other facts which may exonerate or mitigate your possible responsibility or otherwise explain your relationship to the possible violation (be as specific as you can; if you have or know of any document(s), photograph(s), map(s), letter(s), or other evidence that you believe is/are relevant, please identify it/them by name, date, type, and any other identifying information and provide the original(s) or (a) cop(y/ies) if you can):
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5. Any other information, statement, etc. that you want to offer or make:
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6. Documents, exhibits, declarations under penalty of perjury or other materials that you have attached to this form to support your answers or that you want to be made part of the administrative record for this enforcement proceeding (Please list in chronological order by date, author, and title and enclose a copy with this completed form):
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1. New Appendix A filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of first paragraph filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 31).
