1. (a) The Commission shall comply with the requirements of Cal. Govt. Code Section 66641.6(b) by either: (1) hearing the matter itself within 60 days of the service of the complaint; or (2) by having the enforcement committee hold a hearing within 60 days of the service of the complaint. With the written consent of the respondent(s) to whom a complaint is issued, the Executive Director shall for good cause extend the 60-day time limit for a hearing on the complaint under Government Code Section 66641.6(b).
2. (b) The Executive Director shall determine whether to refer a complaint for administrative civil liability to the Commission or to the enforcement committee.

3. (c) When the Executive Director determines whether to refer a complaint to the Commission or to the enforcement committee, he or she shall consider the following factors:

   1. (1) the time that it would take the Commission or enforcement committee to complete consideration of the complaint,
   2. (2) whether the Executive Director has issued a cease and desist order for the violation or violations alleged in the complaint, and whether the Executive has proposed that any order setting administrative civil liability be combined with a Commission cease and desist order and/or a permit revocation order,
   3. (3) the relative workloads of the Commission and the enforcement committee at the time,
   4. (4) whether the complaint involves any policy issues that should be determined by the Commission initially,
   5. (5) whether the Commission or the enforcement committee has already heard any enforcement matter that is related to the complaint, and
   6. (6) any request by the Commission that it hear the matter directly.

Note: Authority cited: Section 66632(f), Government Code. Reference: Sections 66641.5(e) and 66641.6, Government Code.

History

1. New section filed 10-11-89; operative 11-10-89 (Register 89, No. 43).

2. Amendment of section heading, section and Note filed 6-7-2022; operative 10-1-2022 (Register 2022, No. 23).