Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 5 - San Francisco Bay Conservation and Development CommissionChapter 13 - Enforcement ProceduresSubchapter 2 - Procedures for the Issuance of Cease and Desist Orders, Permit Revocation Orders, and Orders Setting Administrative Civil Liability
Article 3 - Standardized Fines
Section 11386 - Applicability of Article

Cal. Code Regs. tit. 14 § 11386

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Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 11386 - Applicability of Article
(a) This Article shall apply to an enforcement action if the Executive Director determines:
(1) that an alleged violation is one of the types identified in Section 11390;
(2) that the alleged violation has not resulted in significant harm to the Bay's resources or to existing or future public access; and
(3) that the alleged violation can be corrected in a manner consistent with the Commission's laws and policies.
(b) For purposes of this Article, "significant harm to the Bay's resources or to existing or future public access" shall be determined in accordance with Section 11310(f).
(c) If an enforcement action involves both an alleged violation that has not resulted in significant harm to the Bay's resources or to existing or future public access and an alleged violation that has resulted in significant harm to such resources or public access or that is otherwise not subject to resolution under this Article, the Executive Director may, depending on the nature and extent of all the violations and on whether the responsible party has taken appropriate action to resolve the violations, commence Commission enforcement proceedings for all the alleged violations by following the procedures established by Sections 11321 through 11334 of these regulations.

Cal. Code Regs. Tit. 14, § 11386

1. New section filed 2-26-93; operative 3-29-93 (Register 93, No. 9).
2. Amendment filed 6-26-97; operative 7-26-97 (Register 97, No. 26).
3. Amendment of section and NOTE filed 12-9-98; operative 1-8-99 (Register 98, No. 50).
4. Amendment filed 5-22-2003; operative 6-21-2003 (Register 2003, No. 21).
5. New article 3 heading, amendment of section heading and subsections (a)-(a)(10), renumbering of former subsections (b)-(b)(3) to new section 11387, renumbering of former subsection (c) to new section 11388, renumbering of former subsection (d) to new section 11389, renumbering of former subsections (e)-(h) to new section 11390, renumbering of former subsections (i)-(k) to new section 11391, new subsections (b)-(c) and amendment of NOTE filed 6-7-2022; operative 10-1-2022 (Register 2022, No. 23).

Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641.5(e), Government Code; and Section 29610, Public Resources Code.

1. New section filed 2-26-93; operative 3-29-93 (Register 93, No. 9).
2. Amendment filed 6-26-97; operative 7-26-97 (Register 97, No. 26).
3. Amendment of section and Note filed 12-9-98; operative 1-8-99 (Register 98, No. 50).
4. Amendment filed 5-22-2003; operative 6-21-2003 (Register 2003, No. 21).
5. New article 3 heading, amendment of section heading and subsections (a)-(a)(10), renumbering of former subsections (b)-(b)(3) to new section 11387, renumbering of former subsection (c) to new section 11388, renumbering of former subsection (d) to new section 11389, renumbering of former subsections (e)-(h) to new section 11390, renumbering of former subsections (i)-(k) to new section 11391, new subsections (b)-(c) and amendment of Note filed 6-7-2022; operative 10/1/2022 (Register 2022, No. 23).