Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The
Executive Director has the authority to enter into a settlement agreement on
behalf of the Commission in full satisfaction of an order for monetary
penalties where all the following are met:
(1)
The monetary penalty order is no longer subject to any means of judicial
review.
(2) Three collection demand
letters, each sent at a minimum of 30 day intervals, were sent by staff
notifying the debtor of the debt owed and the further actions that may be taken
in the Commission's collection process.
(3) Staff made reasonable collection efforts
by:
(A) Seeking offsets from payments due to
the debtor from the Franchise State Tax Board or other state departments,
and
(B) If legally permissible,
obtaining a court or court clerk's judgment against the debtor pursuant to
Sections 91013.5 or
91013.7, and then using an
appropriate judgment enforcement method pursuant to the Code of Civil
Procedure, including filing real property or personal property liens, bank
levies or wage garnishments against the debtor's assets.
(4) The Executive Director has determined the
settlement is appropriate considering the following factors:
(A) The settlement amount exceeds the amount
likely to be collected within a reasonable time period.
(B) The debtor's ability to satisfy the full
debt or a greater amount of the debt within a reasonable time given the
debtor's assets or income, or debtor's reasonable prospects of acquiring assets
or income.
(C) The extent to which
the debt owed includes interest accrued on the original penalty
amount.
(D) The severity and type
of violation for which the penalties were assessed.
(b) The Executive Director will
report a settlement agreement to the Commission after its execution. That
report shall be made at the next Commission meeting. The settlement agreement
will include a brief description of staff's reasonable collection efforts and
the factors that justified the settlement.
Note: Authority cited: Section
83112,
Government Code. Reference: Sections
83116 and
91013.5,
Government Code.
