1. (a) Following the public hearing, the Board shall determine: (1) whether the alleged violations cited in the supervisor's order are supported by substantial evidence in light of the whole record before it; and, (2) the action the Board should take to affirm, modify, or set aside, in whole or in part, the administrative penalty issued by the supervisor. The Board shall issue its own order upholding its determination.
2. (b) Modify means to change the administrative penalty from its original construction by the supervisor. The board may modify the administrative penalty, in whole or in part, by such measures as it deems appropriate which include, but are not limited to, increasing or decreasing the penalty amount, establishing compliance deadlines, and structuring a method for payment of the penalty.
3. (c) Notification of the Board's determination shall be made by certified mail or personal service to the petitioner, the lead agency, and the supervisor within 15 days following the regular business meeting of the Board at which the decision is made.

Note: Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.

History

1. New section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

2. New section refiled 11-16-98 as a permanent regulation; operative 12-16-98 (Register 98, No. 47).

3. New subsection (b) and subsection relettering filed 9-30-2002; operative 10-30-2002 (Register 2002, No. 40).

4. Change without regulatory effect amending section filed 6-21-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 25).