1. (a) For persons that have filed a primary business address with the Department pursuant to subdivision (c) of section 42051 of the Public Resources Code, notices of violation, notices of disciplinary action, and all accompanying documents shall be delivered by one or more of the following means:

   1. (1) Delivery to the primary business address on file via first-class mail, registered mail, certified mail, commercial carrier, or personal delivery;
   2. (2) Email to the address on file with the Department pursuant to section 18980.10;
   3. (3) For entities known by the Department to have failed to maintain an up-to-date email address on file, email to any other email address, with written consent or written acknowledgment of receipt.

2. (b) For persons not required to file a primary business address with the Department pursuant to subdivision (c) of section 42051 of the Public Resources Code or that have failed to do so, notices of violation, notices of disciplinary action, and all accompanying documents shall be delivered using any of the methods described in subdivision (a) to at least one of the following addresses:

   1. (1) The person's mailing address on file with the Secretary of State;
   2. (2) The person's last known business or mailing address.
   3. (3) The business or mailing address of the attorney, if any, who acknowledges in writing their representation of the person with respect to the Department's allegations, or any other party authorized in writing to receive notices on behalf of the person;
   4. (4) The person's email address, with written consent or written acknowledgment of receipt.

3. (c) An accusation commencing an administrative proceeding to impose administrative civil penalties shall be served on the person to be penalized using any of the following means:

   1. (1) For persons required to have an address on file with the Department pursuant to subdivision (c) of section 42051 of the Public Resources Code, by registered or certified mail.
   2. (2) By personal service in any manner as provided for service of summons pursuant to sections 413.10 through 416.40 of the Code of Civil Procedure,
   3. (3) By any other means, provided that the respondent subsequently files a notice of defense or otherwise appears in the administrative proceeding.
4. (d) For purposes of imposing penalties pursuant to section 42081 of the Public Resources Code, notices of violation are deemed to be issued on the fifth calendar day or, for notices delivered outside the State of California, the 10th calendar day, after the date on which the Department deposits it with the United States Postal Service for delivery via certified mail, unless a notice is delivered by another method permitted pursuant to this section, in which case the notice is deemed to be issued upon delivery.

Note: Authority cited: Sections 40401, 40502, 42060, 42080 and 42081, Public Resources Code. Reference: Sections 42080 and 42081, Public Resources Code.

History

1. New section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).