California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 11 - Product Stewardship
Article 4 - Pharmaceutical and Sharps Waste Stewardship Program
Section 18975.1 - Procedure for Imposing Administrative Civil Penalties

Universal Citation: 14 CA Code of Regs 18975.1

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

(a) The department shall issue a written notice of violation (NOV) before commencing an action to impose administrative civil penalties. The NOV shall list and describe the nature of the violation(s). The department shall issue a NOV to the respondent if the department determines any of the following:

(1) That any covered entity, program operator, stewardship organization, or authorized collector that sells, offers for sale, or provides a covered product in California has violated this Article or Chapter 2 of Part 3 of Division 30 of the Public Resources Code.

(2) That a covered entity, stewardship organization, program operator, pharmacy, retail pharmacy, or retail pharmacy chain failed to provide the department with the access to information required pursuant to section 42035.6(a) through (c) of the Public Resources Code or section 18974 of this Article.

(b) The department shall commence an action to impose administrative civil penalties by serving an accusation upon the respondent that includes a notice informing the respondent of their right to a hearing. The accusation shall state the legal and factual basis for the imposition of penalties, including a description of how the department applied the criteria in Section 18975(c).

(c) The accusation and all accompanying documents shall be served on the respondent by one of 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 or registered mail; or

(4) Electronically, with the consent of the respondent.

(d) A request for hearing to contest the proposed action shall be submitted to the department within thirty (30) days of receipt of the accusation. The hearing request shall be in writing and shall state the basis for objecting to the department's action. Upon a failure to submit a timely hearing request under this subdivision, the respondent shall be deemed to have waived its right to hearing and the department shall issue a penalty order to the respondent requiring payment of penalties at the levels described in the accusation.

(e) The hearing shall be held before the Director of the Department of Resources Recycling and Recovery. A party shall be afforded the opportunity to present evidence and testimony on all relevant issues. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.

(f) The Director of the Department of Resources Recycling and Recovery shall issue a written decision within sixty (60) days from the date the hearing is concluded.

1. New section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 40401, 42031.2 and 40502, Public Resources Code. Reference: Sections 42030, 42035, 42035.2, 42035.4, 42035.6 and 42035.8, Public Resources Code.

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