The executive director shall prepare a recommendation on a proposed commission
cease and desist order.
executive director's recommendation shall be in writing and shall include, at
a copy of any statement of
defense form completed and returned to the Commission by the alleged
violator(s) pursuant to section
(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
(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
Cal. Code Regs. Tit.
Note: Authority cited: Section
Public Resources Code. Reference: Section
Government Code; and Section
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
pursuant to Government Code section
2019, No. 31).
3. Amendment of subsection (a) filed
11-27-2019; operative 1-1-2020 (Register
2019, No. 48).