Cal. Code Regs. Tit. 14, § 13180 - Definition

(a) The term "satisfactory manner" when used to characterize a response to a notice provided in accordance with the requirements of section 30809(b) of the Public Resources Code shall mean a response that is made in the manner and within the timeframe specified in the notice, and either:
(1) provides information sufficient to demonstrate to the satisfaction of the executive director that either (A) the activity specified in the notice does not meet the criteria of section 30809(a) of the Public Resources Code or (B) the person(s) to whom the notice was directed is/are not responsible for the activity, or
(2)
(A) provides all information concerning the activity requested by the notice,
(B) results in an immediate and complete cessation of all work on the project, or portion thereof, specified in the notice,
(C) demonstrates, to the satisfaction of the Executive Director, that any affirmative actions required by the notice for the purpose of preventing irreparable injury to the area in which the activity is located can be undertaken legally without additional Coastal Act authorization, and
(D) includes an agreement by the recipient(s) of the notice, followed by actions which fully carry out such agreement, to comply with all of the requirements listed in the notice in the manner and within the timeframe specified in the notice.
(b) The executive director retains discretion over the decision of whether or not to issue a cease and desist order pursuant to section 30809 notwithstanding the submittal of a response to a section 30809(b) notice which may not be fully satisfactory within the meaning of this section.
(c) The party receiving the notice may also:
(i) choose not to attempt to respond to the notice in a "satisfactory manner" for purposes of subsection (a), or
(ii) otherwise agree to the issuance of the cease and desist order.

Notes

Cal. Code Regs. Tit. 14, § 13180

Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30809(b), Public Resources Code.

1. New subchapter 8 (sections 13180-13188 and Appendix A) filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsections (a) and (a)(2) and new subsection (c) filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).

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