Section 337.8 - Administrative Complaint(a) If DSOD determines that a dam owner has failed to correct the violations of Dam Safety Program requirements as set forth in a Notice of Violation, DSOD may issue an administrative complaint to the dam owner. In determining whether to issue an administrative complaint, DSOD will consider the nature of the violation, potential threat to life and property posed by the violation, and the number of violations that would be included in an administrative complaint. The administrative complaint may seek administrative civil penalties, reservoir restrictions, property liens, fees, penalties and interest imposed by statute, and any other actions that DSOD deems necessary to ensure compliance with Water Code, Division 3, Part 1 and implementing regulations. The administrative complaint shall also seek recovery of department costs to prepare an EAP, including inundation maps.(b) The administrative complaint shall: (1) Allege the activity or failure to act that constitutes a violation of Water Code, Division 3, Part 1, implementing regulations, or any approval, order, or requirement issued under Water Code, Division 3, Part 1 or implementing regulations.(2) Include the provision of law authorizing the administrative civil penalty, reservoir restrictions, property liens, reimbursement of department costs to prepare EAPs and inundation maps, fees, penalties and interest imposed by statute, or other actions proposed to ensure compliance with Water Code, Division 3, Part 1 and implementing regulations.(3) State the amount of any administrative civil penalty proposed, reservoir restrictions or property liens proposed, costs for which DSOD is seeking to recover, fees, penalties, and interest imposed by statute, as applicable, and any other actions proposed to ensure compliance with Water Code, Division 3, Part 1 and implementing regulations.(4) State that the dam owner's failure to request a hearing in accordance with section 337.12, subsection (a), constitutes a waiver of the right to a hearing.(5) Inform the dam owner that any request for hearing must be submitted to the department and designate the department office where the request for hearing must be sent.(c) DSOD may, within its discretion, issue an administrative complaint without first issuing a Notice of Violation in cases where DSOD determines that issuance of a Notice of Violation would result in an unreasonable delay.Cal. Code Regs. Tit. 23, § 337.8
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 6075, 6077, 6357.1, 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).