(a) The executive director may rescind or
modify a cease and desist order that he or she has issued, but he or she shall
not do so in a manner that extends the 90-day expiration period provided for in
section 30809(e) of the Public Resources Code unless the person(s) subject to
the order stipulate(s) in writing to the extension. The executive director may,
however, issue consecutive cease and desist orders for a persisting violation
or a persisting threatened violation. In connection with the issuance of any
such consecutive cease and desist order the executive director shall issue a
statement explaining the circumstances which in his or her opinion justify
issuance of such an order.
commission, after public hearing, may rescind or modify a cease and desist
order that it has issued. A proceeding for such a purpose may be commenced by
(1) any person to whom the cease and desist order is directed, (2) the
executive director or (3) any two members of the commission. A person to whom a
cease and desist order is directed may commence a proceeding for the purpose of
rescinding or modifying that cease and desist order only where the person
demonstrates to the satisfaction of the executive director that there has been
a material change in the facts upon which the order was issued. Upon receipt of
a request pursuant to this subsection (b) for rescission or modification of a
cease and desist order issued by the Commission, a hearing on the request shall
be held at the next regularly scheduled meeting or as soon thereafter as is
practicable after notice to all persons subject to the order or whom the
executive director otherwise has reason to know would be interested in the
Cal. Code Regs. Tit.
Note: Authority cited: Section 30333, Public Resources
Code. Reference: Sections 30809 and 30810, Public Resources
1. New section filed
8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of
subsection (b) filed 1-12-98; operative 2-11-98 (Register 98, No.