California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 11 - Product Stewardship
Article 3 - Used Mattress Recovery and Recycling Program
Section 18971 - Procedure for Imposing Civil Penalties

Universal Citation: 14 CA Code of Regs 18971

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Civil penalties may be administratively imposed in accordance with the procedures outlined in the Administrative Procedure Act at Article 10 of Chapter 4.5 (commencing with section 11445.10) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) The accusation or complaint and all accompanying documents may be served on the respondent by the following means:

(1) Personal service.

(2) Substitute service by using the same service procedures as described in section 415.20 of the Code of Civil Procedure.

(3) Certified Mail: For respondents who have submitted a mattress recycling plan, certified mail or registered mail if the letter containing the accusation or complaint and accompanying material is mailed, addressed to the respondent at the latest facility or mailing address(es) on file with the department. Proof of service of the accusation or complaint shall be the certified mail receipts or registered mail receipts proving the accusation or complaint and accompanying materials were sent to respondent by certified mail or registered mail. For respondents who have not submitted or are not required to submit a mattress recycling plan to the department, certified mail or registered mail pursuant to the procedures indicated in the Administrative Procedure Act at subdivision (c) of section 11505 of the Government Code applies.

(c) Civil penalties may be imposed pursuant to subdivision (a) of section 42993.1 of the Public Resources Code.

1. New section filed 7-21-2015; operative 7-21-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 30).

Note: Authority cited: Sections 40401 and 40502, Public Resources Code. Reference: Sections 42985, 42986, 42993, 42993.1, 42993.2 and 42993.3, Public Resources Code; and Section 11500, Government Code.

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