Cal. Code Regs. Tit. 2, § 3004 - Notice of Violation Procedure; Uncontested Violations

(a) The Notice of Violation shall describe the alleged violation and shall reference the documents on which Commission staff relies to provide a prima facie case. The Respondent may request any or all documents relied on by staff, which shall be provided within five (5) business days of the request and upon payment of the copying costs. The Respondent may request the documents to be sent by Mail, or may appear at the Commission's Sacramento office to inspect and copy the relevant records. The Commission may also make records available electronically or on its website.

(b) The Notice of Violation shall specify that the Respondent must reply within 21 Days of the date service of the Notice of Violation is deemed complete if they dispute the matters set forth in the Notice of Violation. The Notice of Violation shall include notice of the date, time, and location of the enforcement hearing where the matter will be heard if the Respondent fails to reply or does not dispute the allegations. The date of this hearing shall be not less than forty-five (45) Days from the date service is complete. If logistical circumstances prevent specifying the precise starting time and/or address of the Commission Meeting, the Notice of Violation may state the date and city or general location provided the Respondent is provided notice at least ten (10) Days prior to the hearing of the precise location and start time.

(c) The Notice of Violation shall be accompanied by the Statement of Defense form (SLC 100.201 Rev. 9/2016) hereby incorporated by reference.

(d) Personal service on Respondents other than natural persons may be completed in any manner that would satisfy the requirements of sections 416.10 et seq. of the Code of Civil Procedure. Personal service is deemed complete at the time of delivery.

(e) If Enforcement Staff elect not to use personal service for the Notice of Violation, service may be completed by posting the Notice of Violation on the violating Structure and sending a copy of the Notice of Violation to the Respondent by Mail service that includes delivery verification. The usual mailing address, normal place of business, or the address on record where the Respondent's property tax bill is sent shall be presumed to be the correct address. Any competent member of the household may sign the delivery verification. Service by Mail is deemed complete 10 Days after mailing.

Notes

Cal. Code Regs. Tit. 2, § 3004

1. New section filed 9-7-2016; operative 1-1-2017 (Register 2016, No. 37).
2. Change without regulatory effect amending subsection (c) filed 11-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 47).

Note: Authority cited: Sections 6108 and 6224.5, Public Resources Code. Reference: Sections 416.10 et seq., Code of Civil Procedure; Section 11440.20, Government Code; and Sections 6224.3, 6224.4 and 6224.5, Public Resources Code.

1. New section filed 9-7-2016; operative 1/1/2017 (Register 2016, No. 37).
2. Change without regulatory effect amending subsection (c) filed 11-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 47).