V C Section 34511 Civil Action Safety Regulations Violations

Civil Action: Safety Regulations Violations

34511.  Any violation of any provision of this division or regulation adopted pursuant thereto may be enjoined in a civil action brought by the Attorney General in the name of the people of the State of California, upon request of the department, except that it shall not be necessary to show lack of adequate remedy at law or to show irreparable damage or loss.

The department may not submit a request for civil action and the Attorney General may not bring action pursuant to this section unless the person charged with a violation of this division or regulation adopted pursuant thereto fails to take corrective action after being notified of the violation by the department, in writing, on at least two occasions over a 60-day period. Prior to the submission of the department's request for civil action, the person charged shall receive, at his or her request, a departmental hearing on the matter and the department's request for civil action shall be forwarded by the department to, and approved by, the Commissioner of the California Highway Patrol.

Added Ch. 789, Stats. 1982. Effective January 1, 1983.