Section 2100 - Penalties and Interest Charges(a) For violations of subchapters 1, 6, 7 and 9 and sections 2010, 2015, 2020, 2025, 2030, 2035, 2040, 2045, 2050, 2055, 2060, 2065, 2125, 2130, 2400, 2405, 2415, 2420, 2425, 2430 of chapter 5, division 2, title 14 of the California Code of Regulations and Sections 14549.3, 14560.5(a), 14561(c), 14561(d), 14570, 14571.6 and 14572 of the Act, the Division shall issue a Notice of Violation. The Notice of Violation shall be issued to a responsible party (i.e., the manager or other person in authority) at the site of the violation and shall contain the information in subsections (1) and (4) below. A copy shall be served upon the legal owner of the entity, (respondent), within ten (10) working days. The Notice of Violation served upon the legal owner shall contain all of the following:(1) A brief statement of the violation(s) alleged.(2) A statement to the effect that the respondent has the right to a formal hearing, upon request, at which they may be represented by counsel.(3) A statement that the respondent's right to a hearing will be deemed waived if respondent fails to respond in writing within 15 days from the date service of the Notice of Violation was received by the respondent, or respondent's agent for service, stating that he/she wishes to assert that right and that, in the event of such failure to respond, the Department may assess the maximum civil penalty permitted by law without a hearing.(4) A sworn statement, signed by the Division inspector issuing the violation(s), verifying the acts or omissions which form the basis of the violation(s).(b) For civil penalties sought by the Department pursuant to Sections 14591.1, 14591.2, 14593, or 14594 of the Act, the Division shall provide for notice and a hearing regarding such penalties in accordance with the provisions of chapter 5 of the Administrative Procedure Act (Government Code Section 11500 et seq.); except that notice for violations of the Act, and the regulations enacted thereunder, enumerated in subdivision (a) shall be effected pursuant to the procedures in subdivision (a).(c) Interest shall accrue from the date the payment was due.Cal. Code Regs. Tit. 14, § 2100
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14591.1, 14591.2, 14593 and 14594, Public Resources Code; and Section 11500 et seq., Government Code.
Note: Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: Sections 14591.1, 14591.2, 14593 and 14594, Public Resources Code; and Section 11500 et seq., Government Code.
1. Renumbering and amendment of former section 2100 to section 2400, and renumbering and amendment of former section 2606 to section 2100 filed 6-12- 91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (a) filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment of subsections (a) and (b), repealer of subsection (c) and subsection redesignation and amendment of Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d)(Register 94, No. 40).
4. Amendment of subsections (a) and (b) filed 11-2-2023; operative 1/1/2024 (Register 2023, No. 44).