(a) A compliance officer designated by the director may issue notices of defect or violation to any regulated entity. The notice of defect or violation shall allege the deficiency, violation, or failure to act. The notice of defect or violation shall be posted on the office’s internet website.

(b) The notice of defect or violation shall be served electronically on the individual designated by the regulated entity and shall inform the regulated entity so served that a hearing to take public comment or present additional information may be requested by the regulated entity within 30 days after the regulated entity has been served. The hearing shall be presided over by a designated hearing examiner. If a petition for hearing is not filed within the 30-day period, the amount determined and conditions set forth in the citation or notice of defect or violation become final at the expiration of the 30-day period. The hearing process shall be set forth in regulations adopted by the office.

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(c) If a hearing is requested, after consideration of information presented, the hearing examiner shall issue a proposed determination. The public, stakeholders, and the regulated entity may provide comment on the proposed determination. After considering stakeholder, regulated entity, and public comment, the director may adopt, with or without revision, the proposed determination of the hearing examiner. The director may also reject the proposed determination of the hearing examiner.

(d) The office shall adopt regulations setting forth the policies and procedures for administering the duties of this section.

(Added by Stats. 2021, Ch. 115, Sec. 19. (AB 148) Effective July 22, 2021.)