Section 1758 - Petition to Review Order of Local Enforcement Agency Following a Hearing(a) A park owner or operator, or the registered owner of a unit shall be entitled to petition the department to review and investigate, as necessary, the enforcement activities of the local enforcement agency if he or she: (1) has received a notice of violation issued by an enforcement agency other than the department, and(2) has received a final order from the local enforcement agency following a hearing.(b) The petition shall be in writing and shall include the following:(1) a copy of the original notice of violation;(2) a copy of the enforcement agency's written determination, if an informal conference was held;(3) a copy of the enforcement agency's final order if a hearing was held; and(4) a clear, concise explanation of the issues that the petitioner continues to dispute.(c) The department shall deem the petition to be a request to exercise the department's responsibility to monitor local enforcement activity pursuant to section 18306 of the Health and Safety Code. (1) Within sixty (60) working days of the receipt of the petition, the department shall review the petition and provide the petitioner with written notice of whether the activities of the local agency require investigation by the department.(2) If the department has determined that the activities of the local agency require investigation by the department, the written notice to the petitioner shall provide a time frame for the investigation.(3) If the department investigates the enforcement activities of a local agency in response to one (1) or more petitions provided pursuant to subsection (a), the department shall notify each petitioner within sixty (60) days of the results of the department's investigation.(d) If the department finds that the notice of violation, written determination, and/or final order issued by the local enforcement agency reflect(s) non-enforcement or over-enforcement of the law, the department shall initiate corrective action pursuant to the provisions of subdivision (d) of section 18300 of the Health and Safety Code.(e) A petition filed pursuant to this section shall not extend the time for correction of the violation as provided in the original or any subsequent notice of violation issued by the local enforcement agency unless the department, based on the petition and materials submitted with the petition, determines there is a high likelihood that the local enforcement agency was incorrect in issuing the notice of violation.Cal. Code Regs. Tit. 25, § 1758
1. New section filed 4-17-95; operative 5-17-95 (Register 95, No. 16).
2. Amendment of section and NOTE filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
3. Amendment of section heading and section filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7). Note: Authority cited: Sections 18300 and 18421, Health and Safety Code. Reference: Sections 18306, 18420 and 18421, Health and Safety Code.
1. New section filed 4-17-95; operative 5-17-95 (Register 95, No. 16).
2. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
3. Amendment of section heading and section filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7).