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Proposed Rulemaking: Civil Penalties

November 13, 2015: Notice of Proposed Rulemaking regarding Regulations for Imposing Civil Penalties and Conducting Administrative Hearings

(Section 748.5, Title 14, CCR)

The Department of Fish and Wildlife (Department) is proposing to adopt regulations affording procedural and substantive due process rights to any person or entity on which a civil penalty may be imposed pursuant to Fish and Game Code sections 12025, subdivision (e), and 12025.1, subdivision (d).

The Office of Administrative Law approved emergency regulations for this purpose on July 10, 2015. Those regulations will expire on January 7, 2016. The Department is now proposing a regular rulemaking action to make the emergency regulations permanent. The proposed regulations set forth procedures for imposing civil penalties and conducting administrative hearings related to violations of Fish and Game Code sections 1602 (Diversion or Obstruction of Natural Flow), 5650 (Water Pollution; Prohibited Materials), and 5652 (Refuse Disposal into Waters) in connection with the production or cultivation of a controlled substance, and to violations of Fish and Game Code Section 5901 (Prevent or Impede Fish from Passing in Streams) whether or not connected with the production or cultivation of a controlled substance.

In accordance with the Administrative Procedure Act, the Department provided notice of the proposed regulatory action to the Office of Administrative Law for publication in the California Regulatory Notice Register on November 13, 2015. The public notice begins a 45-day review process during which interested parties may comment on the proposed rulemaking.

Written comments are welcomed and must be received by 5:00 p.m. on December 28, 2015. Comments may be submitted by mail, fax or e-mail as follows:

California Department of Fish and Wildlife
Regulations Unit
Attn: Craig Martz
1416 9th Street, Room 1342-A
Sacramento, CA 95814
Telephone: (916) 653-4681
Fax: (916) 653-9890
Email: Regulations@wildlife.ca.gov

A public hearing has been scheduled for December 28, 2015 from 1:00 p.m. to 2:30 p.m. in the Resources Auditorium within the Resources Building located at 1416 9th Street, Sacramento, California. The auditorium is wheelchair accessible. At the public hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Initial Statement of Reasons.

The current rulemaking file for this proposed action consists of the following documents:

February 18, 2016 UPDATE:

The Office of Administrative Law (OAL) has approved the Certificate of Compliance rulemaking to make permanent the emergency regulations adopted by the Department on July 10, 2015 for imposing civil penalties and conducting administrative hearings pursuant to Fish and Game Code sections 12025 and 12025.1. Copies of OAL’s approval and the approved regulatory text are below:


June 26, 2015: Notice of Proposed Emergency Regulatory Action regarding Civil Penalties

(Section 748.5, Title 14, California Code of Regulations)

The Department of Fish and Wildlife is proposing Emergency Regulatory Action to adopt regulations affording procedural and substantive due process rights to any person or entity on which a civil penalty may be imposed pursuant to Fish and Game Code sections 12025, subdivision (e), and 12025.1, subdivision (d).

The proposed regulations set forth procedures for imposing civil penalties and conducting administrative hearings related to violations of Fish and Game Code sections 1602 (Diversion or Obstruction of Natural Flow), 5650 (Water Pollution; Prohibited Materials), and 5652 (Refuse Disposal into Waters) in connection with the production or cultivation of a controlled substance, and to violations of Fish and Game Code Section 5901 (Prevent or Impede Fish from Passing in Streams) whether or not connected with the production or cultivation of a controlled substance.

The rulemaking file for this proposal currently includes the following documents: