Cal. Code Regs. Tit. 14, § 13187 - Contents and Reporting of Cease and Desist Orders

(a) Cease and desist orders shall be signed by the executive director and shall contain at a minimum the following:
(1) a statement of whether the executive director is issuing the order pursuant to section 30809 of the Public Resources Code or the commission is issuing the order pursuant to section30810 of the Public Resources Code;
(2) if applicable, a statement that the cease and desist order is being issued pursuant to subsection (a)(1), (2), or (3) of section 30809 or 30810 of the Public Resources Code;
(3) in the case of any order issued by the executive director:
(A) a copy of the written notice or confirmation of notice, as the case may be, previously provided pursuant to section 30809(b) of the Public Resources Code to the person(s) to whom the order is directed;
(B) if applicable, notice of the executive director's intent to commence a proceeding for the issuance of a cease and desist order by the commission relating to the same activity, including notice of the date and place of the public hearing to be held as part of such a proceeding if the executive director has scheduled one;
(4) the names of the person or persons who have undertaken or who are threatening to undertake the activity that is the subject of the order;
(5) identification of the property where the activity has been undertaken or may be undertaken;
(6) a description of the activity;
(7) the effective date of the order;
(8) the expiration date, if any, of the order;
(9) any terms, conditions, or other provisions authorized by sections 30809(c) or 30810(b) of the Public Resources Code. Any term or condition that the commission may impose pursuant to section30810(b) of the Public Resources Code which requires removal of any development or material shall be for the purpose of restoring the property affected by the violation to the condition it was in before the violation occurred;
(10) in the case of any order issued by the commission, written findings that (A) explain the decision to issue the order and (B) provide the factual and legal basis for the issuance of the order;
(11) notice that any person to whom the order is directed may seek from the superior court a stay of the order pursuant to section 30803(b) of the Public Resources Code.
(12) a statement of the obligation of the person(s) subject to the order to conform strictly to its terms and the consequences specified in section 30821.6 of the Public Resources Code of the failure to do so.
(b) The executive director shall report to the commission any cease and desist order he or she (1) issues and serves as provided in section 30809(d) of the Public Resources Code, or (2) modifies or rescinds as provided in section 13188(a), at the commission's next regularly scheduled meeting after any such action.

Notes

Cal. Code Regs. Tit. 14, § 13187

Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30803(b),30809, 30810 and 30821.6, Public Resources Code.

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsection (a)(2), repealer of subsection (a)(3)(B), subsection relettering, and amendment of Note filed 1-12-98; operative 2-11-98 (Register 98, No. 3).

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