§ 1911. Interest and Penalty Payments.

(a) Time of Payment

(1) Any payment pursuant to any permit, lease, contract, or other agreement due the Commission shall be paid on or before the date specified in the instrument.

(2) If the date that a sum becomes due and payable to the Commission is a Saturday, Sunday, Federal or State holiday, the due date is extended to the next business day.

(3) Timeliness of receipt of remittances sent by mail to the Commission shall be governed by the postmark date as described in Government Code Section 11002.

(4) In case of a postmark by a private postage meter, the date specified thereon shall be considered as the date of payment. Where a payment is received after the due date and where a question arises as to the actual date of mailing, a declaration executed under penalty of perjury by the person responsible for the mailing of payment to the State specifying the date of mailing shall be considered as evidence of the date of actual mailing.

(b) Interest and Penalty

Unless otherwise provided in the permit, lease, contract, or other agreement:

(1) Simple interest shall be calculated at the rate of one and one-half percent (1 1/2 %) per month on the amount due the Commission from the date payment was due the Commission until the date the payment is received.

(2) Penalties shall be calculated at the rate of five percent (5%) on the principal sum due the Commission.

(3) Interest and penalty shall be charged for failure to make a timely payment; or the mode of payment is not honored by a bank, savings and loan, post office, or other financial institution.

(c) Exemption from Interest and Penalty

(1) The Commission may waive the assessment of interest and/or penalty where:

(A) Incorrect instructions were rendered to a party by the Commission's staff, or use by the party of an accounting procedure pursuant to an agreement with a member of the Commission staff; or

(B) Notwithstanding the provisions of paragraph (2) infra, negotiated settlements are approved by the Commission and provide for a waiver of penalty and/or interest.

(2) Penalty only shall be excused where failure to make a timely payment was due to one of the following:

(A) The death or serious illness of a natural party;

(B) Catastrophe, such as fire, flood, theft, vandalism, or riot;

(C) The fact the books and records of a party were impounded by court order, or were in the hands of a Federal or State agency, and unavailable for use by the party;

(D) The discovery by a party, before that of the Commission staff, of the erroneous amount of a party's original payment and the prompt tender by the party of the balance due.

(d) Payments

Payments shall be applied to retire obligations in the following order:

(1) interest and penalty

(2) past principal

(3) current principal

(e) Any person who uses or occupies any lands owned or controlled by the State under the jurisdiction of the Commission without a lease, permit or other agreement and who subsequently obtains a lease, permit or other agreement providing for the payment of back rent, shall pay penalty and interest in accordance with the provisions in (b), (c), and (d) above.

HISTORY

1. New section filed 12-6-83; effective thirtieth day thereafter (Register 83, No. 50).

Note

Note: Authority cited: Sections 6108 and 6224, Public Resources Code. Reference: Section 6224, Public Resources Code; and Section 11002, Government Code.