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 2 - Commission Cease and Desist Orders, Permit Revocation Orders, and Orders Setting Administrative Civil Liability
Section 11370 - Enforcement Record
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The record of an enforcement proceeding shall consist of
(a) the violation report, including all documents referred to in the report;
(b) any complaint for administrative civil liability;
(c) all timely filed statement of defense form(s), including all documents submitted therewith;
(d) all untimely filed statement of defense forms that have nevertheless been admitted into evidence;
(e) the Executive Director's recommended enforcement decision, including all documents and any other evidence referred to or included in the recommendation,
(f) minutes or a verbatim transcript of all enforcement committee and Commission enforcement hearings and deliberations, provided, that if any oral testimony or any cross-examination and direct examination of a person whose declaration under penalty of perjury has become part of the enforcement record is allowed at the enforcement hearing, a verbatim transcript of such testimony shall also be included;
(g) all evidence submitted but rejected because it was not filed in a timely manner or violated Section 11328, with a notation that it was rejected and is included in the record only so that a reviewing court will know what evidence was rejected;
(h) any enforcement committee's or hearing officer's recommended enforcement decision,
(i) any order that the Commission issues,
(j) such other permit or other Commission files as have explicitly been made a part of the record,
(k) the McAteer-Petris Act, if relevant to any of the issues raised in the proceeding,
(l) the San Francisco Bay Plan, if relevant to any of the issues raised in the proceeding,
(m) the Suisun Marsh Preservation Act, if relevant to any of the issues raised in the proceeding,
(n) the Suisun Marsh Protection Plan, if relevant to any of the issues raised in the proceeding,
(o) the Suisun Marsh Local Protection Program, if relevant to any of the issues raised in the proceeding, and
(p) the Commission's regulations.
1. Renumbering and amendment of former Section 11342 to Section 11370 filed 10-11-89; operative 11-10-89 (Register 89, No. 43).
2. Amendment of section and 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, 66640, 66641.5(e), 66641.6 and 66641.7, Government Code; and Sections 29600 and 29601, Public Resources Code.
