(a) A complaint may be issued for violations: (1) Arising under part 5, chapters 1 though 4 and chapter 6 of division 26 of the Health and Safety Code, or violations of any rule, regulation, permit, variance, or orders of the state board adopted or issued pursuant to authority granted under those Health and Safety Code provisions;(2) Of regulations adopted and orders issued by the state board pursuant to authority granted under parts 1 through 4 of division 26 of the Health and Safety Code.(b) Complaints issued pursuant to Health and Safety Code 43028 shall not seek penalties that exceed $25,000 per violation for each day of violation or total penalties in excess of $300,000.(c) Complaints issued pursuant to Health and Safety Code sections 42410 and 43023 shall not seek penalties in excess of the lesser of the maximum amount allowed by statute for a violation or $10,000 per violation for any day in which the violation occurs, with a total penalty assessment not to exceed $100,000. In determining the amount allowed by statute, the ARB shall use the method of calculation set forth in the underlying statute (e.g., HSC §43016 states that penalties shall be assessed on a per vehicle basis and shall not exceed $500 per vehicle.)(d) The state board shall not issue a complaint for any violation if: (1) The state board shares concurrent enforcement jurisdiction with a district and the district has commenced an enforcement action for that violation;(2) The state board has determined the violation to be a Class I violation as defined in title 17, California Code of Regulations, sections 60075.2(b)(5) and 60075.11.(e) A complaint shall include: (1) The names of each respondent alleged to have committed a violation(s) covered under this article;(2) A statement of the facts, in ordinary and concise language, that specifically identifies the statutes and/or rules alleged to have been violated and the acts or omissions of the respondents that constitute the alleged violation(s). The statement shall be specific enough to afford the named respondents notice and information in which to prepare a defense;(3) A proposed penalty that complainant seeks for the alleged violations committed;(4) Reference to these procedures, notice that a copy of the procedures is available from the ARB hearing office (the address and phone number of which shall be set forth), and notice that Chapter 5 (commencing with section 11500) of the Government Code is not applicable to these proceedings;(5) Written notice to the respondent that, within 30 days from the date of service, it may respond to the allegations of the complaint by filing a response/request for hearing that the matter be heard by an administrative law judge. The notice shall also inform the respondent of the consequences of failing to respond by the applicable deadline;(6) Written notice to the respondent that it has under the hearing procedures the right to counsel; and, if necessary, the right to an interpreter; or(7) The address of the office issuing the complaint; the address to which payment of the proposed penalty may be sent; and the address of the hearing office to whom a response/request for hearing may be submitted.(f) A complaint shall be filed with the appropriate hearing office and served on the named respondent(s) by either personal or other form of service consistent with Code of Civil Procedure sections 415 through 417 or by certified mail, restricted delivery.Cal. Code Regs. Tit. 17, § 60065.16
1. New subarticle 4 (sections 60065.16-60065.20) and section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2. Amendment of section and NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36). Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028 and 43031(a), Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, 42403, 42410, 43008.6, 43012, 43016, 43021, 43023, 43026, 43027, 43028, 43029, 43030, 43031(a), 43154, 43201, 43211 and 43212, Health and Safety Code; and Sections 60075.1, et seq., title 13, California Code of Regulations.
1. New subarticle 4 (sections 60065.16-60065.20) and section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2. Amendment of section and Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).