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California Public Resources Code Section 25534.1

Legal Research Home > California Lawyer > Public Resources Code > California Public Resources Code Section 25534.1

(a) The executive director of the commission may issue a
complaint to any person or entity on whom an administrative civil
penalty may be imposed pursuant to Section 25534.  The complaint
shall allege the act or failure to act for which the civil penalty is
proposed, the provision of law authorizing civil liability, and the
proposed civil penalty.
   (b) The complaint shall be served by personal notice or certified
mail, and shall inform the party so served that a hearing will be
conducted within 60 days after the party has been served.  The
hearing shall be before the commission.  The complainant may waive
the right to a hearing, in which case the commission shall not
conduct a hearing.
   (c) After any hearing, the commission may adopt, with or without
revision, the proposed decision and order of the executive director.

   (d) Orders setting an administrative civil penalty shall become
effective and final upon issuance thereof, and any payment shall be
made within 30 days.  Copies of these orders shall be served by
personal service or by registered mail upon the party served with the
complaint and upon other persons who appeared at the hearing and
requested a copy.
   (e) In determining the amount of the administrative civil penalty,
the commission shall take into consideration the nature,
circumstance, extent, and gravity of the violation or violations,
whether the violation is susceptible to removal or resolution, the
cost to the state in pursuing the enforcement action, and with
respect to the violator, the ability to pay, the effect on ability to
continue in business, any voluntary removal or resolution efforts
undertaken, any prior history of violations, the degree of
culpability, economic savings, if any, resulting from the violation,
and such other matters as justice may require.

Last modified: January 12, 2009