Cal. Code Regs. Tit. 14, § 13183 - Contents of an Executive Director's Recommendation on Proposed Cease and Desist Order

(a) The executive director shall prepare a recommendation on a proposed commission cease and desist order.
(b) The executive director's recommendation shall be in writing and shall include, at minimum:
(1) a copy of any statement of defense form completed and returned to the Commission by the alleged violator(s) pursuant to section 13181;
(2) a brief summary of (A) any background to the alleged violation, (B) the allegations made by staff in its violation investigation, (C) a list of all allegations either admitted or not contested by the alleged violator(s), (D) all defenses and mitigating factors raised by the alleged violator(s), and (E) any rebuttal evidence raised by the staff to matters raised in the alleged violator's assertion of any defense or mitigating factor with references to supporting documents;
(3) a summary and analysis of all unresolved issues;
(4) a statement of (A) whether the executive director has issued a cease and desist order relating to the same activity, and if so (B) its expiration date; and (C) the extent of the alleged violator(s)' compliance therewith;
(5) the proposed text of any cease and desist order that the executive director recommends that the commission issue.

Notes

Cal. Code Regs. Tit. 14, § 13183

Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 11125, Government Code; and Section 30810, Public Resources Code.

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsection (a) and Note filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 31).
3. Amendment of subsection (a) filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).

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