State Codes and Statutes

Statutes > California > Hsc > 111840-111855

HEALTH AND SAFETY CODE
SECTION 111840-111855



111840.  The Attorney General, any district attorney, or any city
attorney to whom the department reports any violation of this part
shall begin appropriate proceedings in the proper court.



111845.  The department is not required to institute proceedings
under this part for minor violations of this part, if the department
believes that the public interest will be adequately served in the
circumstances by a suitable written notice or warning.




111850.  When the state asserts a violation of this part, the state
need not negative any exemption or exception from the requirements of
this part in any pleading or in any trial, hearing, or other
proceeding. The burden of proof with respect to any exemption or
exception rests upon the person claiming its benefit.



111855.  (a) If any person violates any provision of this part, or
any regulation adopted pursuant to this part, the department may
assess a civil penalty against that person as provided by this
section.
   (b) The penalty may be in an amount not to exceed one thousand
dollars ($1,000) per day unless the penalty is for a violation of
Section 111825, in which case the penalty may be in an amount not to
exceed ten thousand dollars ($10,000) per day. Each day a violation
continues shall be considered a separate violation.
   (c) If, after examination of a possible violation and the facts
surrounding that possible violation, the department concludes that a
violation has occurred, the department may issue a complaint to the
person charged with the violation. The complaint shall allege the
acts or failures to act that constitute the basis for the violation
and the amount of the penalty. The complaint shall be served by
personal service or by certified mail and shall inform the person so
served of the right to a hearing.
   (d) Any person served with a complaint pursuant to subdivision (c)
of this section may, within 20 days after service of the complaint,
request a hearing by filing with the department a notice of defense.
A notice of defense is deemed to have been filed within the 20-day
period if it is postmarked within the 20-day period. If a hearing is
requested by the person, it shall be conducted within 90 days after
the receipt by the department of the notice of defense. If no notice
of defense is filed within 20 days after service of the complaint,
the department shall issue an order setting the penalty as proposed
in the complaint unless the department and the person have entered
into a settlement agreement, in which case the department shall issue
an order setting the penalty in the amount specified in the
settlement agreement. When the person has not filed a notice of
defense or where the department and the person have entered into a
settlement agreement, the order shall not be subject to review by any
court or agency.
   (e) Any hearing required under this section shall be conducted
pursuant to the procedures specified in Section 100171, except to the
extent they are inconsistent with the specific requirements of this
section.
   (f) Orders setting civil penalties under this section shall become
effective and final upon issuance thereof, and payment shall be made
within 30 days of issuance. A copy of the order shall be served by
personal service or by certified mail upon the person served with the
complaint.
   (g) Within 30 days after service of a copy of a decision issued by
the director after a hearing, any person so served may file with the
superior court a petition for writ of mandate for review of the
decision. Any person who fails to file the petition within this
30-day period may not challenge the reasonableness or validity of the
decision or order of the director in any judicial proceeding brought
to enforce the decision or order or for other remedies. Section
1094.5 of the Code of Civil Procedure shall govern any proceedings
conducted pursuant to this subdivision. In all proceedings pursuant
to this subdivision, the court shall uphold the decision of the
director if the decision is based upon substantial evidence in the
whole record. The filing of a petition for writ of mandate shall not
stay any corrective action required pursuant to this part or the
accrual of any penalties assessed pursuant to this section. This
subdivision does not prohibit the court from granting any appropriate
relief within its jurisdiction.
   (h) The remedies under this section are in addition to, and do not
supersede, or limit, any and all other remedies, civil or criminal.


State Codes and Statutes

Statutes > California > Hsc > 111840-111855

HEALTH AND SAFETY CODE
SECTION 111840-111855



111840.  The Attorney General, any district attorney, or any city
attorney to whom the department reports any violation of this part
shall begin appropriate proceedings in the proper court.



111845.  The department is not required to institute proceedings
under this part for minor violations of this part, if the department
believes that the public interest will be adequately served in the
circumstances by a suitable written notice or warning.




111850.  When the state asserts a violation of this part, the state
need not negative any exemption or exception from the requirements of
this part in any pleading or in any trial, hearing, or other
proceeding. The burden of proof with respect to any exemption or
exception rests upon the person claiming its benefit.



111855.  (a) If any person violates any provision of this part, or
any regulation adopted pursuant to this part, the department may
assess a civil penalty against that person as provided by this
section.
   (b) The penalty may be in an amount not to exceed one thousand
dollars ($1,000) per day unless the penalty is for a violation of
Section 111825, in which case the penalty may be in an amount not to
exceed ten thousand dollars ($10,000) per day. Each day a violation
continues shall be considered a separate violation.
   (c) If, after examination of a possible violation and the facts
surrounding that possible violation, the department concludes that a
violation has occurred, the department may issue a complaint to the
person charged with the violation. The complaint shall allege the
acts or failures to act that constitute the basis for the violation
and the amount of the penalty. The complaint shall be served by
personal service or by certified mail and shall inform the person so
served of the right to a hearing.
   (d) Any person served with a complaint pursuant to subdivision (c)
of this section may, within 20 days after service of the complaint,
request a hearing by filing with the department a notice of defense.
A notice of defense is deemed to have been filed within the 20-day
period if it is postmarked within the 20-day period. If a hearing is
requested by the person, it shall be conducted within 90 days after
the receipt by the department of the notice of defense. If no notice
of defense is filed within 20 days after service of the complaint,
the department shall issue an order setting the penalty as proposed
in the complaint unless the department and the person have entered
into a settlement agreement, in which case the department shall issue
an order setting the penalty in the amount specified in the
settlement agreement. When the person has not filed a notice of
defense or where the department and the person have entered into a
settlement agreement, the order shall not be subject to review by any
court or agency.
   (e) Any hearing required under this section shall be conducted
pursuant to the procedures specified in Section 100171, except to the
extent they are inconsistent with the specific requirements of this
section.
   (f) Orders setting civil penalties under this section shall become
effective and final upon issuance thereof, and payment shall be made
within 30 days of issuance. A copy of the order shall be served by
personal service or by certified mail upon the person served with the
complaint.
   (g) Within 30 days after service of a copy of a decision issued by
the director after a hearing, any person so served may file with the
superior court a petition for writ of mandate for review of the
decision. Any person who fails to file the petition within this
30-day period may not challenge the reasonableness or validity of the
decision or order of the director in any judicial proceeding brought
to enforce the decision or order or for other remedies. Section
1094.5 of the Code of Civil Procedure shall govern any proceedings
conducted pursuant to this subdivision. In all proceedings pursuant
to this subdivision, the court shall uphold the decision of the
director if the decision is based upon substantial evidence in the
whole record. The filing of a petition for writ of mandate shall not
stay any corrective action required pursuant to this part or the
accrual of any penalties assessed pursuant to this section. This
subdivision does not prohibit the court from granting any appropriate
relief within its jurisdiction.
   (h) The remedies under this section are in addition to, and do not
supersede, or limit, any and all other remedies, civil or criminal.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 111840-111855

HEALTH AND SAFETY CODE
SECTION 111840-111855



111840.  The Attorney General, any district attorney, or any city
attorney to whom the department reports any violation of this part
shall begin appropriate proceedings in the proper court.



111845.  The department is not required to institute proceedings
under this part for minor violations of this part, if the department
believes that the public interest will be adequately served in the
circumstances by a suitable written notice or warning.




111850.  When the state asserts a violation of this part, the state
need not negative any exemption or exception from the requirements of
this part in any pleading or in any trial, hearing, or other
proceeding. The burden of proof with respect to any exemption or
exception rests upon the person claiming its benefit.



111855.  (a) If any person violates any provision of this part, or
any regulation adopted pursuant to this part, the department may
assess a civil penalty against that person as provided by this
section.
   (b) The penalty may be in an amount not to exceed one thousand
dollars ($1,000) per day unless the penalty is for a violation of
Section 111825, in which case the penalty may be in an amount not to
exceed ten thousand dollars ($10,000) per day. Each day a violation
continues shall be considered a separate violation.
   (c) If, after examination of a possible violation and the facts
surrounding that possible violation, the department concludes that a
violation has occurred, the department may issue a complaint to the
person charged with the violation. The complaint shall allege the
acts or failures to act that constitute the basis for the violation
and the amount of the penalty. The complaint shall be served by
personal service or by certified mail and shall inform the person so
served of the right to a hearing.
   (d) Any person served with a complaint pursuant to subdivision (c)
of this section may, within 20 days after service of the complaint,
request a hearing by filing with the department a notice of defense.
A notice of defense is deemed to have been filed within the 20-day
period if it is postmarked within the 20-day period. If a hearing is
requested by the person, it shall be conducted within 90 days after
the receipt by the department of the notice of defense. If no notice
of defense is filed within 20 days after service of the complaint,
the department shall issue an order setting the penalty as proposed
in the complaint unless the department and the person have entered
into a settlement agreement, in which case the department shall issue
an order setting the penalty in the amount specified in the
settlement agreement. When the person has not filed a notice of
defense or where the department and the person have entered into a
settlement agreement, the order shall not be subject to review by any
court or agency.
   (e) Any hearing required under this section shall be conducted
pursuant to the procedures specified in Section 100171, except to the
extent they are inconsistent with the specific requirements of this
section.
   (f) Orders setting civil penalties under this section shall become
effective and final upon issuance thereof, and payment shall be made
within 30 days of issuance. A copy of the order shall be served by
personal service or by certified mail upon the person served with the
complaint.
   (g) Within 30 days after service of a copy of a decision issued by
the director after a hearing, any person so served may file with the
superior court a petition for writ of mandate for review of the
decision. Any person who fails to file the petition within this
30-day period may not challenge the reasonableness or validity of the
decision or order of the director in any judicial proceeding brought
to enforce the decision or order or for other remedies. Section
1094.5 of the Code of Civil Procedure shall govern any proceedings
conducted pursuant to this subdivision. In all proceedings pursuant
to this subdivision, the court shall uphold the decision of the
director if the decision is based upon substantial evidence in the
whole record. The filing of a petition for writ of mandate shall not
stay any corrective action required pursuant to this part or the
accrual of any penalties assessed pursuant to this section. This
subdivision does not prohibit the court from granting any appropriate
relief within its jurisdiction.
   (h) The remedies under this section are in addition to, and do not
supersede, or limit, any and all other remedies, civil or criminal.