1. (a) The department shall issue a written notice of violation (NOV) before commencing an action to impose administrative civil penalties. The NOV shall list and describe the nature of the violation(s). The department shall issue a NOV to the respondent if the department determines any of the following:

   1. (1) That any covered entity, program operator, stewardship organization, or authorized collector that sells, offers for sale, or provides a covered product in California has violated this Article or Chapter 2 of Part 3 of Division 30 of the Public Resources Code.
   2. (2) That a covered entity, stewardship organization, program operator, pharmacy, retail pharmacy, or retail pharmacy chain failed to provide the department with the access to information required pursuant to section 42035.6(a) through (c) of the Public Resources Code or section 18974 of this Article.
2. (b) The department shall commence an action to impose administrative civil penalties by serving a statement of charges to the respondent in accordance with California Code of Regulations, Title 14, Section 17063.3. The statement of charges shall describe how the department applied the criteria in Section 18975(c).
3. (c) A hearing required under this article shall be conducted in accordance with the Department's hearing regulations (Title 14, California Code of Regulations, Sections 17063.1-17063.32).

Note: Authority cited: Sections 40401, 42031.2 and 40502, Public Resources Code. Reference: Sections 42030, 42035, 42035.2, 42035.4, 42035.6 and 42035.8, Public Resources Code.

History

1. New section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

2. Amendment of subsections (b)-(c) and repealer of subsections (c)(1)-(f) filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).