§ 19-2075. Payment of Penalty.

(a) Payment of a respondent of a civil penalty proposed, assessed, or compromised under this subpart must be made by certified check or money order payable to the Office of the State Fire Marshal. Except as provided by Section 2071, such payment is sent to the Office of the State Fire Marshal, 1131 S Street, Sacramento, CA 95814.

(b) If a respondent fails to pay the full amount of a civil penalty assessed in a final order issued under Section 2073 or make an offer in compromise to the assessed penalty as provided by paragraph (c) of this section within 20 days after receipt of the final order, the State Fire Marshal, may refer the case to the Attorney General with a request that an action to collect the assessed penalty be brought in the appropriate court to the extent permitted under State law.

(c) Within 20 days after the respondent's receipt of a final order assessing a civil penalty issued under Section 2073, the respondent may offer to compromise the assessed penalty by submitting in the manner required by paragraph (a) of this section, payment in the amount offered. The State Fire Marshal or his designee may accept or reject the compromise offer on behalf of the Office of the State Fire Marshal. If it is accepted, the respondent is notified in writing that the acceptance is in full settlement of the civil penalty action. If the compromise offer is rejected it will be returned to the respondent with written notification. Within 20 days after the respondent's receipt of such notification, payment of the full amount of the civil penalty assessed in the final order becomes due. The provisions of paragraph (b) of this section regarding court action for penalty collection apply upon failure of the respondent to pay the assessed penalty within that time period.

(d) If the respondent elects to make an offer in compromise to a civil penalty proposed in a notice of probable violation issued under Section 2070, he shall do so in accord with the procedures of Section 2071.

HISTORY

1. Amendment of subsection (a) filed 5-22-2002; operative 6-21-2002. Submitted to OAL for printing only pursuant to Government Code section 51011 (Register 2002, No. 21).

Note

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