§ 19-2073. Final Order.

(a) After a hearing under Section 2072 or, if no hearing has been held, after expiration of the 30 day response period prescribed in Section 2071, the case file of an enforcement proceeding commenced under Section 2070 is forwarded to the State Fire Marshal, for issuance of a final order.

(b) The case file of an enforcement proceeding commenced under Section 2070 includes

(1) The inspection reports and any other evidence of alleged violations;

(2) A copy of the notice of probable violation issued under Section 2070;

(3) Material submitted by the respondent in accord with Section 2070 in response to the notice of probable violation;

(4) The Division's evaluation of response material submitted by the respondent and the Division Chief's recommendation for final action to be taken under this section; and

(5) In cases involving a Section 2072 hearing, any material submitted during and after the hearing and the hearing officer's recommendation for final action to be taken under this section.

(c) Based on review of a case file described in paragraph (b) of this section, the State Fire Marshal shall issue a final order that includes

(1) A statement of findings and determinations on all material issues, including a determination as to whether each alleged violation has been proved;

(2) If a civil penalty is assessed, the amount of the penalty and the procedures for payment of the penalty, provided that the assessed civil penalty may not exceed the penalty proposed in the notice of probable violation; and

(3) If a compliance order is issued, a statement of the actions required to be taken by the respondent and the time by which such actions must be accomplished.

(d) Except as provided by Section 2074, an order issued under this section regarding an enforcement proceeding is considered final administrative action on that enforcement proceeding.

(e) The Office of the State Fire Marshal shall issue a final order under this section within 45 days of receipt of the case file. In cases where delay beyond that period is expected, notice of that fact and the date by which it is expected that action will be taken shall be issued to the respondent.

Note

Note: Authority cited: Section 51018.6, Government Code. Reference: Section 51018.6, Government Code.