California Air Resources Board Enforcement Defense Attorney

CARB Enforcement Defense Lawyer

The California Air Resources Board, known as ARB or CARB, enforces environmental air quality regulations in the State of California. The California Air Resources Board enforces regulations across a variety of industries. Most California businesses have minimal or no contact with the enforcement arm of the California Air Resources Board. For businesses that become part of the California Air Resources Board disciplinary process, the consequences are profound. The CARB enforcement disciplinary process is complex, procedural and time consuming. Businesses facing the California Air Resources Board disciplinary process should seek legal representation from an experienced California Air Resources Board Enforcement Defense Attorney.

The California Air Resources Board conducts the following enforcement programs:

California Air Resources Board Investigation Defense Lawyer

The majority of California Air Resources Board investigations begin with the filing of a consumer Complaint. However, California Air Resources Board Investigations also occur through sting operations and criminal investigations. The California Air Resources Board utilizes non sworn civilian investigators to conduct investigations. These employees investigate Administrative Law violations under the jurisdiction of CARB. CARB Investigators often work closely with the California Attorney General’s Office and local law enforcement. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Air Resources Board disciplinary process. At the conclusion of a California Air Resources Board investigation, the California Air Resources Board has several options. The California Air Resources Board can choose to close the Investigation. The ARB can hold an informal conference to try to resolve the enforcement action. The California Air Resources Board can choose to issue a Citation. CARB can also choose to initiate a Notice of Violation. In cases involving criminal conduct, the California Air Resources Board may refer the case to the District Attorney’s Office or Attorney General’s Office for criminal prosecution. If you are a business facing a California Air Resources Board investigation, contact a California Air Resources Board Investigation Defense Attorney for representation.

California ARB Citation and Enforcement Action Defense Attorney

It is not uncommon for out of state businesses that are involved in commerce in California to receive notice of ARB disciplinary enforcement action. Thus, CARB is not only limited to California companies. A CARB Administrative disciplinary enforcement action contains numerous consequences. Maximum fines for violations are astronomical. In many instances, these fines can be reduced through negotiations with the California Air Resources Board. If a violation cannot be settled, the violation can proceed to a Hearing before the California Air Resources Board, or contracted out to the California Office of Administrative Hearings (OAH). Businesses facing a California Air Resources Board Enforcement Action should contact an experienced California Air Resources Board Enforcement Action Defense Attorney for representation.

California Air Resources Board Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Air Resources Board can adopt, modify or reject the ALJ’s Proposed Decision. The California Air Resources Board action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a business to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the business can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California and out of state businesses facing a California Air Resources Board Administrative Law Hearing need effective representation from a California Air Resources Board Enforcement Action Defense Lawyer.

California Air Resources Board and Criminal Investigations

The California Air Resources Board often investigates criminal violations related to air quality regulations. CARB can refer matters for criminal prosecution to local District Attorney’s Offices and the California Attorney General’s Office. Many CARB Administrative Law violations are also criminal offenses. Businesses facing criminal investigation and criminal prosecution arising from a California Air Resources Board Investigation need an experienced California Air Resources Board Defense Attorney for representation.