Administrative Civil Liability
Cal. WAT § 13323
California Statutes
(
a) Any executive officer of a regional board may issue a complaint to any person on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this article, and the proposed civil liability. (
b) The complaint shall be served by certified mail, in accordance with
Article 3 (commencing with
Section 415.10) of, and
Article 4 (commencing with
Section 416.10) of,
Chapter of Title of Part of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt, and shall inform the party so served that a hearing before the regional board shall be conducted within days after the party has been served. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address. The person who has been issued a complaint may waive the right to a hearing. (
c) In proceedings under this
article for imposition of administrative civil liability by the state board, the executive director of the state board shall issue the complaint and any hearing shall be before the state board, or before a member of the state board in accordance with
Section 183, and shall be conducted not later than days after the party has been served. (
d) Orders imposing administrative civil liability shall become effective and final upon issuance thereof, and are not subject to review by any court or agency except as provided by Sections and 13330. Payment shall be made not later than days from the date on which the order is issued. The time for payment is extended during the period in which a person who is subject to an order seeks review under
Section or 13330. Copies of these orders shall be served by certified mail, in accordance with
Article 3 (commencing with
Section 415.10) of, and
Article 4 (commencing with
Section 416.10) of,
Chapter of Title of Part of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt, upon the party served with the complaint and shall be provided to other persons who appeared at the hearing and requested a copy. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address. (
e) Information relating to hearing waivers and the imposition of administrative civil liability, as proposed to be imposed and as finally imposed, under this
section shall be made available to the public by means of the internet.