Section 337.28 - Decision(a) Within one hundred-eighty (180) calendar days of the conclusion of the hearing, the presiding officer shall issue a written decision based on evidence in the record. The decision shall include the presiding officer's findings of fact and conclusions, and may provide and order any of the following: (1) With respect to administrative civil penalties, the decision may concur with the administrative civil penalty proposed in the administrative complaint, modify the amount of the administrative civil penalty, or refuse to impose an administrative civil penalty.(2) With respect to reservoir restrictions, the decision may concur with the restriction proposed in the administrative complaint, modify the restriction proposed in the administrative complaint, or refuse to impose a reservoir restriction.(3) Order the dam owner to reimburse the department for the costs of preparing an EAP, including inundation maps.(4) Authorize the imposition of property liens on land owned by dam owner.(5) Order that the dam owner pay fees or penalties and interest imposed by statute.(6) Order any other appropriate action authorized under Water Code, Division 3, Part 1 that will ensure compliance with Water Code, Division 3, Part 1 and implementing regulations.(b) The presiding officer shall issue the final decision of the department, which shall be served on the parties.Cal. Code Regs. Tit. 23, § 337.28
1. New section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 38). Note: Authority cited: Section 6078, Water Code. Reference: Sections 6428, 6429, 6431 and 6432, Water Code.
1. New section filed 9-19-2022; operative 9/19/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 37).