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CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY <br /> STATEMENT OF RESPONDENT'S RIGHTS <br /> The complainant,the California Department of Resources Recycling and Recovery, and Respondent(s), <br /> both identified by name on this document,hereby agree to this Stipulation, Decision and Order. <br /> The parties agree to enter into this Stipulation to resolve all factual and legal issues raised in the matter and <br /> to reach a final disposition without the necessity of holding an administrative hearing to determine the liability of <br /> each respondent named herein. However,this Stipulation,Decision,and Order can be used to prove these <br /> violations at a future hearing involving future violations. <br /> Each Respondent understands and hereby knowingly and voluntarily waives any and all procedural rights <br /> under California Government Code sections 11400 et.seq and 11500 et.seq,including but limited to the issuance <br /> and receipt of an accusation,and the right to appear personally and be represented by counsel at his or her own <br /> expense in any administrative hearing held in this matter,to confront and cross-examine all witnesses testifying at <br /> the hearing,to subpoena witnesses to testify at the hearing,and to have the Department's Director,a delegate of the <br /> Department's Director,or an Administrative Law Judge present at the hearing to act as an impartial hearing officer. <br /> It is further stipulated and agreed that each Respondent has violated the Public Resources Code and/or Title <br /> 14,California Code of Regulations as described herein. <br /> Each Respondent agrees to the issuance of the Decision and Order and imposition by the Department of an <br /> administrative penalty in the amount specified above,and a check or money order in said amount,payable to the <br /> California Department of Resources Recycling and Recovery is submitted herewith to be held by the California <br /> Department of Resources Recycling and Recovery until the Department issues its Decision and Order. <br /> The parties agree that in the event the Department refuses to accept this Stipulation, it shall become null <br /> and void,and within fifteen(15)business days after the Stipulation is rejected,payments tendered shall be <br /> reimbursed to each respondent. Each Respondent further stipulates and agrees that in the event the Department <br /> rejects the Stipulation and a full evidentiary hearing before the Department's Director,the Director's Delegate,or <br /> an Administrative Law Judge becomes necessary,the Director shall not be disqualified because of prior <br /> consideration of this Stipulation. <br /> 3 <br />