Section 874.3 - Hearing Procedures(a) Any hearing required under this subchapter shall be conducted by an independent hearing officer according to the procedures specified in Government Code Sections 8670.68 and 11507 to 11517, inclusive, and those statutes incorporated by reference in Section 874.4 of this Article. Where conflicts occur among the above-referenced statutes, the provisions set forth in Government Code 8670.68 shall control.(b) The independent hearing officer shall take into consideration the nature, circumstances, extent and gravity of the violation, including those factors set forth below, when reviewing the proposed penalty.(1) the degree of the respondent's negligent, grossly negligent, reckless, or intentional conduct;(2) the actual or threatened harm to the public health and safety or the environment;(3) the volume of oil discharged;(4) the respondent's past and present efforts, including compliance history, to prevent, abate, or clean up a discharge or conditions posing a threat to the public health and safety, fish and wildlife, or the environment;(5) the respondent's ability to pay the proposed civil penalty;(6) prior actions brought against the respondent pursuant to this subchapter.Cal. Code Regs. Tit. 14, § 874.3
1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11). Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code.
1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).