COMPLIANCE INFO - Laserfiche WebLink

Home Browse Search

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