ENVIRONMENTAL | CETESB publishes new regulation for sanctioning procedures – Trench Rossi Watanabe

The Environmental Protection Agency of the State of São Paulo (CETESB) published Board Decision No. 55/2020/P with new regulation applicable to sanctioning administrative procedures. Please find  below some of the main changes:

Granting of discounts: in case of fines, the violator might obtain the following discount options in order to terminate the procedure:
a) 30% in case the violator opt for a prompt payment.
b) 15% in case the violator opt for an up-to-30-month installment plan.
c) 60-month installment plan for the payment of the full amount.

Res judicata in the administrative level: as of now, there are definite deadlines for the consolidation of claim preclusion in the administrative level: on the 21st day after acknowledgement of the violation, in case the violator does not file an administrative defense or appeal, or on the 16th day after acknowledgement of the second level decision. The claim preclusion does not prevent judicial review on the infraction.

Automatic Notification: the issuance of an infraction notice will be made preferably through postal service with a notice of receipt. In the case of electronic procedures in which email addresses for communication have been informed, subsequent notifications will occur electronically. In case the electronic notification is not open by the violator within 10 (ten) days, the deadline for the filing of an administrative appeal or other required documents will initiate automatically.

Deadlines to file administrative defenses and appeals: CETESB standardized the deadlines for the filing of administrative defenses and appeals: 20 days.

Board Decision No. 55/2020/P also establishes the procedural framework, applicable deadlines and authorities in charge of analyzing administrative defenses and appeals.

The rule entered in force as of May 29, 2020.