Cal. Code Regs. Tit. 16, § 1399.380 - Citations

(a) The executive officer of the board or his or her designee is authorized to issue a citation to any person or employer for a violation of any provision of division 1.5 and chapter 1 of division 2 of the B&P, as permitted, the Act, or any regulation adopted by the board.

(b) A citation shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the statute or regulation determined to have been violated.

(c) A citation shall, where appropriate, contain an order of abatement fixing a reasonable time for abatement of the violation.

(d) A citation may also contain an assessment of an administrative fine as provided for in section 1399.381, payable within 120 days.

(e) A citation shall inform the cited person or employer of his or her right to a citation review, as provided in section 1399.382, and/or a hearing to appeal the citation, as provided in section 1399.383, and that such a request be made in writing within 30 calendar days from the issuance date of the citation.

(f) A citation shall be served upon the individual or employer by certified mail at the last address of record.

(g) In assessing an administrative fine or issuing an order of correction or abatement, due consideration shall be given to the following factors:

(1) the gravity of the violation

(2) the good or bad faith exhibited by the cited person or employer

(3) the history of previous violations

(4) the extent to which the cited person or employer has cooperated with the board's investigation

(h) The sanctions authorized under this section shall be separate from and in addition to any other administrative discipline, civil remedies, or criminal penalties.

(i) Every citation issued pursuant to this article is a public record.

(j) Once a fine is paid to satisfy an assessment based on the finding of a violation, the payment of the fine becomes public record.

Notes

Cal. Code Regs. Tit. 16, § 1399.380

1. Repealer and new section filed 12-17-91; operative 1-16-92 (Register 92, No. 10).
2. Repealer of subsections (c) and (e), subsection relettering and amendment of subsections (a)-(d) filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
3. Amendment of subsection (c), repealer of subsection (d), subsection relettering, amendment of newly designated subsections (d), (f), (h) and (i), and amendment of NOTE filed 5-22-95; operative 6-21-95 (Register 95, No. 21).
4. Amendment of subsections (a)-(c), (e) and (j) filed 5-28-96; operative 5-28-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 22).
5. Amendment of first paragraph and subsections (c), (f), (g) and (j) filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
6. Renumbering of former section 1399.380 to section 1399.395 and new section 1399.380 filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
7. Repealer of article 8 heading filed 4-22-2004; operative 5-22-2004 (Register 2004, No. 17).
8. Relocation of article 8 heading from preceding section 1399.376 to precede section 1399.380 and amendment of section and NOTE filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).

Note: Authority cited: Sections 125.9 and 3722, Business and Professions Code. Reference: Sections 125.9, 3766 and 3767, Business and Professions Code.

1. Repealer and new section filed 12-17-91; operative 1-16-92 (Register 92, No. 10).
2. Repealer of subsections (c) and (e), subsection relettering and amendment of subsections (a)-(d) filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
3. Amendment of subsection (c), repealer of subsection (d), subsection relettering, amendment of newly designated subsections (d), (f), (h) and (i), and amendment of Note filed 5-22-95; operative 6-21-95 (Register 95, No. 21).
4. Amendment of subsections (a)-(c), (e) and (j) filed 5-28-96; operative 5-28-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 22).
5. Amendment of first paragraph and subsections (c), (f), (g) and (j) filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
6. Renumbering of former section 1399.380 to section 1399.395 and new section 1399.380 filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
7. Repealer of article 8 heading filed 4-22-2004; operative 5-22-2004 (Register 2004, No. 17).
8. Relocation of article 8 heading from preceding section 1399.376 to precede section 1399.380 and amendment of section and Note filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).