Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) As used in
these regulations, words in the singular shall include the plural and words in
the plural shall include the singular, unless the context otherwise requires.
The following words, terms and phrases, when used in this Article, shall have
the following meanings, unless the context clearly indicates otherwise:
(1) "Advisory Staff" means the Commission's
Executive Officer and his or her designees. The Advisory Staff provides legal
and technical advice to the Commission related to an enforcement matter under
this Article.
(2) "Commission"
means the California State Lands Commission.
(3) "Commissioner" means a California State
Lands Commissioner specified in Section
6101
of the Public Resources Code, or a designated alternate under Section
7.6 of the
Government Code.
(4) "Commission
Authorization" means a currently valid and unexpired, written and executed
authorization to occupy State Lands, issued by the Commission.
(5) "Commission Meeting" means a
regularly-noticed public meeting of the Commission.
(6) "Day" means calendar day. If a deadline
falls on a weekend or state holiday, then the deadline will be deemed to be the
next business day.
(7) "Enforcement
Staff' means the Chief or Assistant Chief of the Commission's Land Management
Division and his or her designees. The Enforcement Staff is responsible for
issuing the Notice of Violation and representing Commission staff before the
Commission.
(8) "Mail" means to
send documents via the United States Postal Service, or reputable private
carrier. The Respondent and Enforcement Staff may, and are encouraged to agree
to service by electronic means including electronic mail or facsimile. Where
such an agreement exists, "Mail" will include the agreed to method of
electronic transmission. As between the Enforcement Staff, Advisory Staff,
and/or the Commission, "Mail" includes any means reasonably calculated to
ensure the documents arrive at their destination including hand delivery or
courier.
(9) "Notice of Violation"
means the Notice of Violation (SLC 100.202 Rev. 09/2016) hereby incorporated by
reference.
(10) "Presiding Officer"
means the Commissioner designated to conduct the hearings under this
Article.
(11) "Respondent" shall
mean a person or entity suspected of violating Section
6224.3
of the Public Resources Code.
(12)
"State Lands" means land under Commission jurisdiction, held in fee by the
state of California. "State Lands" excludes those lands legislatively granted
in trust to local jurisdictions, and lands where the underlying fee is not held
by the state, but a public trust easement exists.
(13) "Structure" means any human
construction, including but not limited to: buildings, boat houses, docks,
piers, buoys, revetments, fill, pilings, pipelines, groins, jetties, seawalls,
breakwaters, bulkheads; along with all similar
constructions.
1. New
section filed 9-7-2016; operative 1-1-2017 (Register 2016, No.
37).
2. Change without regulatory effect amending subsection (a)(9)
filed 11-17-2016 pursuant to section 100, title 1, California Code of
Regulations (Register 2016, No. 47).
Note: Authority cited: Sections
6108
and
6224.5,
Public Resources Code. Reference: Section
7.6,
Government Code; Sections
6101,
6102,
6216,
6224.3,
6224.4,
6224.5,
6301
and
8705,
Public Resources Code.
