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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />to <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />E <br />11 <br />that Defendant are alleged to have violated and give Defendant three (3) business days to investigate <br />the allegations. If Defendant verifies that the allegations are correct and that a violation or violations <br />exist for which Defendant are substantially responsible, then Defendant shall immediately pay the <br />entire stayed penalty as set for herein. If Defendant disputes the allegations or that a violation or <br />violation exist for which Defendant are substantially responsible, then Defendant shall submit written <br />docornentation and/or testimony and/or other evidence denionstrating that the allegations are <br />unfounded, Based upon the evidence presented and after incefing and conferring with Defendant's <br />attorney, if the District Attorney's Office still maintains that the allegations against Defendant are <br />substantiated and that the violations for which Defendant is substantially responsible exist, the <br />District Attorney's Office shall submit its position, argunientand evidence to the Court on a noticed <br />motion proceeding after providing notice of the hearing to Defendants' attorney, If the Court <br />deterinines that Defendant is substantially responsible for corninitting a violation or violations of any <br />provisions of Business and Professions Code section 17200 et seq., as described in paragraphs 3, 4 or <br />5, above, the Court shall order that the stayed penalty will be iturnediately imposed as set forth <br />herein. <br />11. If all the conditions listed in paragraph 8 above are niet, then five (5) years from the <br />MHM�M <br />12. Defendant shall pay to Plaintiff the suin of SEVEN THOUSAND SEVEN HUNDRED <br />THIRTY SEVEN DOLLARS ($7,737.00) as partial recovery of the cost of investigation and suit <br />incurred by the SAN JOAQUIN COUNTY ENIVIRONMEN'rAl, HEALTH DEPARTMENT. Said <br />payment shall be djjq_and _payable to the aforementioned agency, and shall be delivered to the San <br />Joaquin County Office of the District Attorney, Environmental Prosecutions Unit, on or before <br />August 1, 2012. <br />13. Defendant shall Pay to Plaintiff the sum of TWENTY FOUR HUNDRED DOLLARS <br />($2,400.00), as partial recovery of the cost of investigation and suit incurred by the San Joaqain <br />County Office of the District Attorney. Said payment shall be due and payable to the <br />aforementioned agency, and shall be delivered to the San Joaquin County Office of the District <br />Attorney, Environmental Prosecutions Unit, on or before August 1, 2012. <br />