CalRecycle Enforcement Defense Attorney

CalRecycle Enforcement Defense Lawyer

CalRecycle, known formally as the California Department of Resources Recycling and Recovery enforces garbage, recycling and waste regulations in the State of California. CalRecycle enforces and disciplines a variety of businesses, licenses and permits. Most California businesses have minimal or no contact with the enforcement arm of CalRecycle. For businesses that become part of CalRecycle’s disciplinary process, the consequences are profound. The CalRecycle disciplinary process is complex, procedural and time consuming. Businesses facing CalRecycle’s disciplinary process should seek legal representation from an experienced CalRecycle Enforcement Defense Attorney.

CalRecycle regulates the following types of garbage, recycling and waste businesses in California:

CalRecycle Investigation Defense Lawyer

The majority of CalRecycle investigations begin with the filing of a consumer Complaint. However, CalRecycle Investigations also occur through sting operations and criminal investigations. CalRecycle utilizes non sworn civilian investigators to conduct investigations. CalRecycle also partners with sworn law enforcement officers to conduct criminal investigations. These employees investigate Administrative and Criminal Law violations under the jurisdiction of CalRecycle. CalRecycle employees 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 CalRecycle disciplinary process. At the conclusion of a CalRecycle Investigation, CalRecycle has several options. CalRecycle can choose to close the Investigation. CalRecycle can choose to issue a Citation, Notice of Violation or conduct other disciplinary action. In cases involving criminal conduct, CalRecycle 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 CalRecycle Investigation, contact a CalRecycle Investigation Defense Attorney for representation.

CalRecycle Accusation Defense Attorney

CalcRecycle can issue businesses a notice of California Department of Resources Recycling and Recovery disciplinary enforcement action. This is called an Accusation. A Calrecycle Administrative Accusation contains numerous consequences. Maximum fines for violations are astronomical. In the event that the Respodent is a license or permit holder, the license or permit can be revoked due to an Accusation. In many instances, settlemenets can occur through negotiations with CalRecycle. If a disciplinary action such as an Accsuation cannot be settled, the violation can proceed to a Hearing before CalRecycle. Licensees, permit holders and businesses facing a CalRecycle Enforcement Action should contact an experienced CalRecycle Accusation Defense Lawyer for representation.

Common causes of CalRecycle disciplinary violations in California include:

CalRecycle Hearing Attorney

CalRecycles maintains several Court Hearing locations. These Court locations are generally located in Los Angeles, Riverside, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Oakland, Orange County, San Francisco. San Bernardino, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before a Hearing Officer. The Hearing Officer will issue a written Proposed Decision after the Hearing. CalRecycle can adopt, modify or reject the ALJ’s Proposed Decision. CalRecycle’s final enforcement decision is called the Final Decision and Order. Appeals of a Final Decision and Order are completed through 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 Licensees facing a CalRecycle Administrative Law Hearing need effective representation from a CalRecycle License Defense Lawyer.

CalRecycle License and Criminal Investigations

CalRecycle and local law enforcement agencies often investigate criminal violations related to garbage, recycling and waste. CalRecycle can refer matters for criminal prosecution to local District Attorney’s Offices and the California Attorney General’s Office. Many of the CalRecycle Administrative violations stated above are also criminal offenses. Businesses and individuals facing criminal investigation and criminal prosecution based on a CalRecycle Investigation need an experienced CalRecycle Investigation Defense Attorney for representation.

CalRecycle Statement of Issues (License Denial) Appeal Attorney

CalRecycle conducts background investigations for businesses and individuals seeking a CalRecycle License or Permit. CalRecycle Enforcement staff may recommend the denial of a license or permit to CalRecycle. Businesses and individuals denied a CalRecycle License or Permit can appeal a denial to an Administrative Law Hearing. Most California Department of Resources Recycling and Recovery License and Permit denials occur due to criminal activity, criminal convictions and unlawful business practices. Businesses and individuals denied a CalRecycle License Permit should contact a CalRecycle License Denial Appeal Lawyer for representation.