§ 3008. Affidavit of Compliance.

A Private Enforcer shall file with the court a declaration or affidavit, meeting all applicable requirements of the Code of Civil Procedure, verifying compliance with all requirements of this chapter.

(a) In a Private Proposition 65 Action, the declaration or affidavit shall be filed when reply papers in support of the motion for approval of the settlement would be filed, and shall include:

(1) Proper proof of service on the Attorney General of all documents required to be served on the Attorney General by this regulation.

(2) If the case is resolved by settlement, a statement that at least forty-five days (or the shorter time period allowed by the court pursuant to section 3003), will elapse between service of the settlement on the Attorney General and the hearing date. Any written response by the Attorney General to the settlement shall be submitted to the court with any additional papers submitted to the court by the moving party, or at the hearing on the motion, if permitted by the court. The affidavit shall expressly advise the court that pursuant to section 3003 of this regulation, the failure of the Attorney General to comment on a settlement shall not be construed as endorsement of or concurrence in the settlement.

(b) In an Other Private Action Alleging Proposition 65 Violations, if the case is resolved by settlement, the declaration or affidavit shall be filed or lodged with the court at the same time as the judgment pursuant to stipulation or other order disposing of the case is submitted to the court, and shall include a statement that at least thirty days have elapsed since service of the settlement on the Attorney General or that fewer than thirty days have elapsed but the Attorney General has stated in writing that he does not object to entry of the settlement. Any written response by the Attorney General to the settlement shall be made an exhibit to the declaration or affidavit. The affidavit shall expressly advise the court that pursuant to section 3003 of this regulation, the failure of the Attorney General to comment on a settlement shall not be construed as endorsement of or concurrence in the settlement.

HISTORY

1. New section and Appendices A-D filed 6-1-2001; operative 7-1-2001 (Register 2001, No. 22).

2. Amendment of first paragraph and subsection (b) filed 4-23-2002 as an emergency; operative 5-1-2002 (Register 2002, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-2002 or emergency language will be repealed by operation of law on the following day.

3. Amendment of first paragraph and subsection (b) refiled 8-29-2002 as an emergency; operative 8-29-2002 (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-27-2002 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 8-29-2002 order, including further amendment of section, transmitted to OAL 12-4-2002 and filed 1-17-2003 (Register 2003, No. 3).

Note

Note: Authority cited: Section 25249.7(f), Health and Safety-Code. Reference: Sections 25249.7(e) and (f), Health and Safety Code.