1. (a) A hearing shall be conducted by an independent hearing officer in accordance with the procedures specified in Title 2, Division 3, Part 1, Chapter 5 (commencing with section 11500) of the Government Code, except as otherwise specified in this section. In making a determination, the hearing officer shall take the following into consideration:

   1. (1) the nature, circumstances, extent, and gravity of the violation, taking into account the harm to the environment and ecology;
   2. (2) the cited party's past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health and safety of the environment; and
   3. (3) the cited party's ability to pay the proposed civil penalty.
2. (b) At the Executive Officer's discretion, the venue for the hearing shall be in either Sacramento County or Los Angeles County, unless the Executive Officer and the cited party stipulate to an alternate location.

Note: Authority cited: Sections 71201.7 and 71216, Public Resources Code. Reference: Section 71216, Public Resources Code.

History

1. New section filed 3-21-2017; operative 7-1-2017 (Register 2017, No. 12).