Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Prior to pursuing any enforcement action under the provisions of this article,
the following preliminary procedures shall be followed.
(1) The Executive Officer shall provide a
written notice of a violation to the cited party containing the following:
(A) a description of the violation;
(B) a statement that enforcement proceedings
may be initiated; and
(C)
notification that the cited party may, within ten (10) working days after
receipt of the notice, submit a request in writing to the Executive Officer for
a preliminary meeting.
(2) If the cited party requests a preliminary
meeting with the Executive Officer, that meeting shall be held prior to any
further enforcement actions and may include any discussions relating to the
violations in question, including, but not limited to, whether a violation had
in fact occurred, what evidence exists for the violation, and what
classification should apply for each violation.
(3) If the cited party so requests and agrees
to pay for all costs, the preliminary meeting shall be recorded and a
transcript shall be prepared.
(4)
The preliminary meeting shall be scheduled at the Executive Officer's
discretion, but shall in no event be scheduled more than thirty (30) calendar
days after the request for the meeting is received by the Executive
Officer.
(5) Within ten (10)
working days after the preliminary meeting, the Executive Officer shall provide
written notice to the cited party of the decision as to whether enforcement
action is to proceed.
(b)
If, after the procedures within subdivision (a) are followed, the Executive
Officer finds that the cited party has committed a violation of any provision
referred to in this article, the Executive Officer may take any or all of the
following actions:
(1) initiate proceedings
pursuant to section
71216
of the PRC against the cited party to administratively impose civil
penalties;
(2) take whatever legal
action is necessary and appropriate to obtain an order from the court enjoining
the violation;
(3) notify the
appropriate federal agency of any violation which may also constitute violation
of federal law or regulation; or
(4) refer the violation to the local district
attorney for prosecution pursuant to section
71217
of the PRC.
(c) It is
unnecessary for the Executive Officer to comply with the procedures of this
section when issuing an order for a vessel to depart the waters of the state
pursuant to section 71207, subdivision (d) of the PRC.
1. New
section filed 3-21-2017; operative 7-1-2017 (Register 2017, No.
12).
Note: Authority cited: Sections
71201.7,
71207
and
71216,
Public Resources Code. Reference: Section
71207,
71216
and
71217,
Public Resources Code.
