Compliance Required By Due Date. Each business that is required to submit a hazardous materials business plan in accordance with Section 57.121, et seq., and Chapter 6.95, Article 1 of the California Health and Safety Code shall submit its business plan by the due date established by the Fire Department.
Late Submission Penalty and Amount. A business that fails to submit a business plan in accordance with this section by the established due date shall be assessed a late submission penalty of $500.
Delinquency Notice. A business that fails timely to submit a business plan in accordance with this section shall be notified by mail of its delinquency and the late submission penalty. The notification shall be sent to the address on file with the Fire Department. The business shall have 30 days from the delinquency notification to submit a business plan and remit payment of the late submission penalty.
Failure to Comply After Notice. A business that fails to submit a business plan and/or pay the late submission penalty within 30 days after notification may be subject to administrative, civil, and criminal penalties for failure to comply with the requirements of this Code and Chapter 6.95, Article 1 of the California Health and Safety Code.
Penalty Assessment Disputes and Appeals. If a business disputes the late submission penalty assessed under this section, the business shall pay the assessed penalty by the due date and request an appeal, in writing, to the Board or its designee upon forms provided by the Fire Department within 30 days after the Fire Department sent the delinquency notification.
The Board or its designee shall conduct a hearing to consider the appeal and shall determine, based on the evidence presented at the hearing, whether to deny the appeal and uphold the penalty assessed, or whether to grant the appeal and refund the late submission penalty. Written notice of the decision shall be given to the appellant following the conclusion of the hearing. The determination by the Board or its designee within 20 days shall be final.