Cal. Code Regs. Tit. 16, § 3340.17.2 - Citations and Informal Citation Conference

(a) Notwithstanding Health and Safety Code section 44036, the cited BAR-97 EIS or DAD manufacturer, hereinafter referred to as manufacturer, may request an informal conference to review the contents of the citation. A request for an informal conference shall be made in writing, within five (5) days from the date of service of the citation, to the chief or the chief's designee.

(b) The chief or the chief's designee shall schedule an informal conference with the cited manufacturer within sixty (60) days from the receipt of the request. At the conclusion of the informal conference, the chief or the chief's designee may affirm, modify, or dismiss the citation. The chief or the chief's designee shall state in writing the reasons for his or her action and transmit within ten (10) days of the informal conference, a copy of the findings and decision to the cited manufacturer. Unless an administrative hearing as provided for in Health and Safety Code section 44036 was requested in a timely manner, an informal conference decision that affirms the citation shall be deemed to be a final order with regard to the citation issued.

(c) If the citation, including any fine levied, is modified, the citation originally issued shall be considered withdrawn and a new citation issued. If the cited manufacturer desires a hearing to contest the new citation, a request must be made in writing, within five (5) days of receipt of the informal conference decision, to the chief or the chief's designee. The hearing shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. A cited manufacturer may not request an informal conference for a citation that has been modified following an informal conference.

(d) Any failure to comply with the final order for payment of a fine, or to pay the amount specified in any settlement agreement, is cause for decertification of the manufacturer.

Notes

Cal. Code Regs. Tit. 16, § 3340.17.2

1. New section filed 5-2-2013; operative 7-1-2013 (Register 2013, No. 18).

Note: Authority cited: Section 44036, Health and Safety Code; and Section 124, Business and Professions Code. Reference: Section 11340, 11370, 11500 and 11505, Government Code.

1. New section filed 5-2-2013; operative 7-1-2013 (Register 2013, No. 18).