1. (a) If the department finds that a covered entity, program operator, stewardship organization, or authorized collector has failed to meet a material requirement of this Article or Chapter 2 of Part 3 of Division 30 of the Public Resources Code, the department shall, in addition to imposing any civil penalties authorized under this Article and Chapter 2 of Part 3 of Division 30 of the Public Resources Code, take one or all of the following actions:

   1. (1) Revoke a previously approved stewardship plan,
   2. (2) Require resubmittal of the stewardship plan, and/or
   3. (3) Require additional reporting relating to compliance with the material requirement(s), of this Article or Chapter 2 of Part 3 of Division 30 of the Public Resources Code, that was/were not met.
2. (b) Before revoking a previously approved plan, requiring resubmittal of an approved stewardship plan, and/or requiring additional compliance reporting, the department shall issue a written notice to the respondent of the department's intent to revoke an approved stewardship plan, require resubmittal of an approved stewardship plan, require additional compliance reporting, or all three. The notice shall state the legal and factual basis for the proposed action.
3. (c) The notice described in subdivision (b) shall comply with California Code of Regulations, Title 14, Section 17063.3.
4. (d) A respondent may submit to the department a request for hearing in accordance with California Code of Regulations, Title 14, Section 17063.4. Upon a failure to submit a timely hearing request, the respondent shall be deemed to have waived its right to hearing and the department may revoke an approved stewardship plan, require resubmittal of an approved stewardship plan, require additional compliance reporting, or all three.
5. (e) The hearing 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, 42032, 42033.2, 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 (c), (d) and (e) and repealer of subsections (c)(1)-(4) and (f) filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).