1. (a) Notice shall be given to the person against which adjudication proceedings will be brought pursuant to chapter 5 (Administrative Adjudication) of division 3 of title 2 of the Government Code, commencing with Section 11500, of the department's intent to hold adjudication proceedings to consider any or all of the following:

   1. (1) Revocation of a certificate pursuant to 14591.2(c)(1) of the Public Resources Code;
   2. (2) Suspension of a certificate pursuant to 14591.2(c)(2) of the Public Resources Code;
   3. (3) Nonrenewal of a certificate;
   4. (4) Imposition of civil penalties on the certificate holder greater than five thousand dollars ($5,000) pursuant to section 14591.1(a)(1) of the Public Resources Code; or
   5. (5) Restitution of more than one thousand dollars ($1,000) pursuant to section 14591.4(c)(1) of the Public Resources Code.
2. (b) Hearings specified in subdivision (a) above shall be held in accordance with the provisions of chapter 5 (Administrative Adjudication) of division 3 of title 2 of the Government Code, commencing with Section 11500.

3. (c) Notice shall be given to the person against which adjudication proceedings will be brought of their right to request an informal hearing in accordance with the CalRecycle Informal Hearing Rules (Title 14, California Code of Regulations, Sections 17063.1-17063.32) for proceedings not specified under subdivision (a). This includes, but is not limited to, any of the following:

   1. (1) Denial of an original application for a certificate pursuant to section 14541(b) of the Public Resources Code.
   2. (2) Revocation of a probationary certification pursuant to section 14541(b) of the Public Resources Code.
   3. (3) Restitution of one thousand dollars ($1,000) or less pursuant to section 14591.4(c)(2) of the Public Resources Code.
   4. (4) Civil penalties equal to or less than five thousand dollars ($5,000) pursuant to section 14591.1(a)(2) of the Public Resources Code.
   5. (5) Any other provision under the Act that provides for notice under article 10 (commencing with section 11445.10) of chapter 4.5 of part 1 of division 3 of title 2 of the Government Code.

Note: Authority cited: Section 14536, Public Resources Code. Reference: Sections 14511.7, 14538, 14539, 14541 and 14591, Public Resources Code; and Sections 11500-11528, Government Code.

History

1. Repealer of former section 2130, and renumbering and amendment of former section 2075 to section 2130 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).

2. Amendment of subsection (c) and (c)(3) filed 5-21-93; operative 5-21-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 21).

3. Amendment of subsections (a)-(a)(3), (b) and (c)(1)(B) and Note filed 10-7-94; operative 10-7-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 40).

4. Change without regulatory effect amending subsections (c), (c)(1) and (c)(2) filed 8-2-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 31).

5. Amendment filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).