Section 337.12 - Request for Hearing; Waiver(a) If the dam owner chooses to contest an administrative complaint, the dam owner must submit a written request for a hearing to the department within thirty (30) calendar days of the date that DSOD served the administrative complaint. The request for hearing must be sent to the designated department office, as identified in the administrative complaint. The request must include a statement of defense, which shall include at a minimum: a summary of any legal and factual basis or bases for challenging the administrative complaint, including the underlying factual allegations and violations, and, as applicable, the amount of any administrative civil penalty, costs, and fees, penalties and interest imposed by statute, reservoir restrictions, and any other relief sought in the administrative complaint.(b) If the dam owner fails to submit a written request for a hearing as prescribed in subsection (a), any right to a hearing will be deemed waived and the department will be authorized to issue a final decision that orders the imposition of the administrative civil penalties, reservoir restrictions, property liens, recovery of costs to prepare an EAP, including inundation maps, fees, penalties and interest imposed by statute, and other actions proposed in the administrative complaint to ensure compliance with Water Code, Division 3, Part 1. The deadline to submit the request shall be extended for at least thirty (30) calendar days for good cause upon a written request from the dam owner or on the department's own motion, and any extensions granted by the department must be in writing.Cal. Code Regs. Tit. 23, § 337.12
1. New section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 38). Note: Authority cited: Section 6078, Water Code. Reference: Sections 6428, 6429, 6431 and 6432, Water Code.
1. New section filed 9-19-2022; operative 9/19/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 37).