Cal. Code Regs. tit. 2 § 2405

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2405 - Notifications Regarding Apparent or Threatened Violations

(a) Authorized Agents or Employees.

(1) For the purposes of Sections 2405 and 2406, each of the following shall be referenced as an "authorized agent or employee" of the Division:

(A) The Executive Officer of the Commission;

(B) The Assistant Executive Officer of the Commission;

(C) The Division Chief;

(D) The Assistant Chief of the Division;

(E) The Marine Terminal Safety Field Operations Supervisor of the Division;

(F) Any Marine Terminal Safety Supervisor of the Division;

(G) Any Marine Terminal Safety Specialist of the Division;

(H) Any Marine Terminal Safety Inspector of the Division; or

(I) Any other staff as designated by the Executive Officer or Division Chief.

(2) Any and all of the referenced agents or employees listed in subsection (a)(1) of this section are authorized to make a determination as to apparent or threatened violations, as defined in Section 2315, subsection (b) and subsection (x) of Article 5.

(b) Apparent or Threatened Violations: Reporting and Records.

(1) In the event that an authorized agent or employee of the Division determines that there is an apparent or threatened violation, he or she shall notify the TPIC or VPIC, as appropriate, of the apparent or threatened violation as soon as he or she has an opportunity to do so.

(2) Each and every authorized agent or employee of the Division shall report to the Division any and all apparent or threatened violations.

(3) The Division shall maintain records of all reported violations for a period of not less than five (5) years.

(4) The Division shall, upon request, make available to the Administrator or the U.S. Coast Guard copies of records of violations.

Cal. Code Regs. Tit. 2, § 2405

1. New section filed 11-20-92; operative 12-21-92 (Register 92, No. 47).
2. Amendment of section heading and text filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
3. Amendment of subsection (a)(2) filed 3-9-99; operative 4-8-99 (Register 99, No. 11).

Note: Authority cited: Sections 8750, 8751, 8755 and 8760, Public Resources Code. Reference: Sections 8670.66, 8670.67 and 8670.69.4, Government Code; and Sections 8750, 8751, 8755 and 8760, Public Resources Code.