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HomeHealth and Safety CodeDiv. 45Pt. 2Ch. 12Art. 6§ 81010 Hazardous Substance Liability Evidence

§ 81010 Hazardous Substance Liability Evidence

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 81010 Hazardous Substance Liability Evidence

Key Takeaways

  • •Decisions or findings by the Department of General Services about hazardous substance releases cannot be used in court to prove someone is responsible for damages.
  • •Whether someone participated, didn’t participate, or settled a claim with the Department of General Services cannot be used as evidence in court.
  • •This rule does not apply if someone is suing the Department of General Services for how they handled a claim.

Example

A company spills chemicals into a river, and the Department of General Services decides the company is at fault. Later, someone sues the company for damages.

The court cannot use the Department’s decision or any facts they found to prove the company is responsible. The lawsuit has to prove it separately.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 81010 Hazardous Substance Liability Evidence

(a) The following evidence is not admissible as evidence in any civil or criminal proceeding, including a subrogation action by the state pursuant to Article 7 (commencing with Section 81030), to establish the liability of any person for any damages alleged to have been caused by a release of a hazardous substance: (1) A final decision made by the Department of General Services pursuant to this chapter. (2) A decision made by the Department of General Services to admit or not admit any evidence. (3) Any finding of fact or conclusion of law entered by the Department of General Services in a proceeding for a claim pursuant to this chapter. (4) The fact that any person has done any of the following in a proceeding for a claim pursuant to Section 80920: (A) Chosen to participate or appear. (B) Chosen not to participate or appear. (C) Failed to appear. (D) Settled or offered to settle the claim. (b) Subdivision (a) does not apply to any civil action or writ by a claimant against the Department of General Services for any act, decision, or failure to act on a claim submitted by the claimant. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)

Last verified: January 24, 2026

Key Terms

general servicesliabilityevidencedamageshazardousclaimofferrelease

Related Statutes

  • § 80920 Hazardous Substance Compensation Claims
  • § 80945 Hazardous Substance Compensation Requirements
  • § 79800 Rebuttal Of Hazardous Release Presumption
  • § 1551.15 Victim Sexual Conduct Limits
  • § 18116.1 Mobilehome Registration Fee Lien

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 81010.
View Official Source