Section 874.2 - Notice of Defense; Request for Hearing(a) Any person served with a Complaint may, within 10 business days after service, request a hearing by filing a Notice of Defense.(b) A Notice of Defense is deemed to be filed if it is postmarked within 10 business days after service.(c) A hearing requested by the respondent shall be conducted within 90 days after the Notice of Defense is received by the Administrator. By stipulation, Staff and the Respondent may waive this provision. Staff will serve a Notice of Hearing after receipt of a Notice of Defense.(d) If a Notice of Defense has not been filed within 10 business days after service of the Complaint, the Administrator shall issue an order setting liability in the amount proposed in the Complaint, or if the Administrator and the party have entered into a settlement agreement, the Administrator shall issue an order setting liability in the amount specified in the settlement agreement.(e) If the party has not filed a Notice of Defense or if the Administrator and the party have entered into a settlement agreement, the Administrator's order shall: (1) set the liability in the amount as specified in the Complaint or settlement; and(2) shall not be subject to review by any court or agency.Cal. Code Regs. Tit. 14, § 874.2
1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of subsection (c) and NOTE filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20). Note: Authority cited: Sections 8670.68 and 11400.20, Government Code. Reference: Sections 1013(a) and 2015.5, Code of Civil Procedure; and Section 8670.68, Government Code.
1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).
2. Amendment of subsection (c) and Note filed 5-14-2009; operative 6-13-2009 (Register 2009, No. 20).