Section 18945.3 - Procedure for Imposing Civil Penalties(a) Civil penalties may be administratively imposed in accordance with the procedures outlined in the Administrative Procedure Act at Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code with the exception of Government Code Section 11505(c).(b) The accusation or complaint and all accompanying documents may be served on the respondent by the following means: (2) Substitute service by using the same service procedures as described in Section 415.20 of the Code of Civil Procedure.(3) Certified Mail: For respondents who have submitted a stewardship plan, certified mail or registered mail if the letter containing the accusation or complaint and accompanying material is mailed, addressed to the respondent at the latest facility or mailing address(es) provided in the stewardship plan on file with the Department. Any address provided in the stewardship plan may be used for service of process. Proof of service of the accusation or complaint shall be the certified mail receipts or registered mail receipts proving the accusation or complaint and accompanying materials were sent to respondent by certified mail or registered mail. For respondents who have not submitted or are not required to submit a stewardship plan to the department, certified mail or registered mail pursuant to the procedures indicated in the Administrative Procedure Act at Section 11505(c) of the Government Code applies.(c) Civil penalties may be imposed pursuant to the Public Resources Code Section 42978 in the discretion of the trier of fact in the civil proceeding.Cal. Code Regs. Tit. 14, § 18945.3
1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4). Note: Authority cited: Sections 40502 and 42974, Public Resources Code. Reference: Section 11500, Government Code; and Section 42978, Public Resources Code.
1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4).