California Code of Regulations
Title 19 - Public Safety
Division 1 - State Fire Marshal
Chapter 14 - Hazardous Liquid Pipeline Safety
Article 6 - Enforcement Proceedings
Section 2071.4 - Response Options

Universal Citation: 19 CA Code of Regs 2071.4

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

Within 30 days of the receipt of a notice of probable violation the respondent shall respond to the Division who issued the notice in the following way:

(a) When the notice contains a proposed civil penalty:

(1) If the respondent is not contesting an allegation of probable violation, pay the proposed civil penalty as provided under Section 2075.1. The payment authorizes the State Fire Marshal to make a finding of violation and to issue a final order under Section 2073.1;

(2) Submit an offer in compromise of the proposed civil penalty under paragraph (c) of this section and paragraph (a) of Section 2075.1

If the respondent is not contesting an allegation of probable violation but wishes to submit a written explanation, information, or other materials respondent believes may warrant mitigation or elimination of the proposed civil penalty, the respondent may submit such materials. This authorizes the State Fire Marshal to make a finding of violation and to issue a final order under Section 2073.1;

(3) If the respondent is contesting one or more allegations of probable violation but is not requesting a hearing under Section 2072, the respondent may submit a written response in answer to the allegations; or

(4) The respondent may request a hearing under Section 2072.

(b) When the notice contains a proposed compliance order:

(1) If the respondent is not contesting an allegation of probable violation, agree to the proposed compliance order. This authorizes the State Fire Marshal to make a finding of violation and to issue a final order under Section 2073.1;

(2) The respondent may request the execution of a consent order under Section 2073.2;

(3) If the respondent is contesting one or more of the allegations of probable violation or compliance terms, but is not requesting a hearing under Section 2072, the respondent may object to the proposed compliance order and submit written explanations, information, or other materials in answer to the allegations in the notice of probable violation; or

(4) The respondent may request a hearing under Section 2072.

(c) An offer in compromise under paragraph (a) of this section is made by submitting a check or money order for the amount offered to the Division, who forwards the offer to the State Fire Marshal, for action. If the offer in compromise is accepted by the State Fire Marshal, the respondent is notified in writing that the acceptance is in full settlement of the civil penalty action. Respondent waives all administrative and judicial rights and remedies upon acceptance of civil penalty payments or acceptance of an offer in compromise by the Office of the State Fire Marshal. If an offer in compromise submitted under paragraph (a) of this section is rejected by the State Fire Marshal, it is returned to the respondent with written notification. Within ten (10) days of his receipt of such notification, the respondent shall again respond to the Division in one or more of the ways provided in paragraph (a) of this section.

(d) Failure of the respondent to respond in accordance with paragraph (a) of this section or, when applicable, paragraph (b) of this section, constitutes a waiver of their right to contest the allegations in the notice of probable violation and authorizes the State Fire Marshal, without further notice to the respondent, to find facts to be as alleged in the notice of probable violation and to issue a final order under Section 2073.1.

1. New section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and printing only pursuant to Government Code section 51011 (Register 2022, No. 48).

Note: Authority cited: Sections 51010, 51011 and 51018.6, Government Code. Reference: Sections 51010, 51011, 51018.6 and 51018.8, Government Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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