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
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.
