Section 1005.5 - Revocation of Local Enforcement Authority(a) When the department determines that a local enforcement agency has failed to properly enforce Parts 2.1 or 2.3, of division 13, of the Health and Safety Code, or Title 25, California Code of Regulations, division 1, chapters 2 or 2.2, the department shall notify the governing body of the local enforcement agency by providing written documentation which identifies the deficiencies requiring correction.(b) The local enforcement agency shall have thirty (30) days from the date it receives the department's written determination to initiate correction of the deficiencies. Initiation of correction shall mean:(1) Completion of a written plan of action submitted to the department identifying the corrective action for each deficiency including at least the following: (A) Acknowledgement of the deficiencies.(B) The action to be taken to correct each deficiency.(C) The personnel involved in the correction.(D) Timelines for completion of all corrections.(E) Ongoing oversight to prevent reoccurrences of noted deficiencies.(2) Implementation of the plan of action by the local enforcement agency and other actions required by the department prior to completion of the plan of action.(c) The department shall, within thirty (30) days of receipt of the plan of action, review and provide a written response to the governing body regarding the proposed plan.(d) If the local enforcement agency fails to prepare an adequate plan of action or implement corrective measures within thirty (30) days regarding the deficiencies specified in subsection (a), the department may revoke its approval of local assumption responsibility and resume enforcement responsibilities.(e) Within thirty (30) days following the department's revocation of assumption approval, remit the appropriate fees as defined in section 1006 of this article and transfer all park records to the department.(f) When a local enforcement agency has had its assumption of responsibility for enforcement revoked and desires to reassume enforcement, it must reapply following the requirements contained in section 1004 of this article.Cal. Code Regs. Tit. 25, § 1005.5
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28). Note: Authority cited: Section 18300 and 18865, Health and Safety Code. Reference: Section 18300 and 18865, Health and Safety Code.
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).