Enforcement Administrative Hearings & Penalty Program
Categories
Administrative Hearings for Heavy Duty Vehicle Inspection Program
An Administrative Hearing offers a means by which to contest a citation for a party who has been issued a citation under CARB's Heavy Duty Vehicle Inspection Program (HDVIP). The hearing is conducted by an administrative law judge and must be conducted in accordance with CARB's Administrative Hearing Regulations. Under the administrative hearing procedures, the party receiving the citation and penalty assessment has the option of either paying the penalty within a certain timeframe or requesting an administrative hearing. If the party chooses not to clear the citation (i.e., make required vehicle repairs and pay the citation penalty) and does not request a hearing, additional penalties are imposed as required under state law. Additionally, the CARB may proceed to the Superior Court to obtain a judgment for the amount of the penalty and may also initiate a vehicle registration hold via the Department of Motor Vehicles under Vehicle Code Section 4755 and ask the California Highway Patrol to impound the vehicle under Vehicle Code Section 27159. Citations included under this program include citations for excessive smoke emissions, engine tampering, and missing or illegible engine emission control certification labels.
Contest an CARB Issued Citation
- Request for Hearing Form
- A new "Guidelines for Appeals of Citations" webpage is under construction and will soon be available.
Administrative Penalty Program - All other CARB Regulations
Administrative Penalties may be sought by CARB as an alternative to civil penalties for less severe, evident violations. Administrative Hearing Procedures allow the Air Resources Board to assess and collect administrative penalties for violations of CARB's adopted rules and regulations. An individual or company who receives a citation or complaint under this program may request a hearing form on the merits of the issuance of the citation or complaint. A hearing conducted under this program will be presided over by an administrative law judge from the Office of Administrative Hearings. This authority was added by Senate Bill 527 of 2001. CARB adopted California Code of Regulations (CCR) in 2002 to implement Senate Bill 527.
Administrative Hearing Procedures for Review of Executive Orders
In the late 1980s, early 1990s, CARB adopted procedures for two distinct types of administrative hearings: adjudicatory hearing procedures to consider petitions for review of certain executive officer decisions (Title 17, CCR Sections 60040.1 and 60055.1 et seq.) and administrative hearing procedures for review of citations issued under the heavy-duty vehicle roadside smoke and tampering inspection program (Title 17, CCR Sections 60075.1, et seq.).
In 1995, the Legislature expanded the ARB's authority to assess and enforce administrative penalties. (Senate Bill (SB) 163, Stats. 1995, Ch. 966, Sec. 3, codified at Health and Safety Code section 43025, et seq.). Section 43028 provides that CARB may adopt rules and regulations to impose and enforce administrative civil penalties for violations of Part 5 of the Health and Safety Code, or any rule regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards.