Cal. Code Regs. Tit. 14, § 13188 - Rescission or Modification of Cease and Desist Orders

(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.
(b) The 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 matter.

Notes

Cal. Code Regs. Tit. 14, § 13188

Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30809 and 30810, Public Resources Code.

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. 3).

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