Cal. Code Regs. Tit. 16, § 390.4 - Contested Citations

(a) The citation shall inform the licensee that if he/she desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 calendar days of the date of issuance of the citation. Hearings shall be held pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) In addition to requesting a hearing provided for in subdivision (a) of this section, the cited person may, within 14 calendar days after service of the citation, submit a written request for an informal conference with the Executive Officer.

(c) The Executive Officer or his/her designee shall, within 30 calendar days from receipt of the written request, hold an informal conference with the person cited and/or his/her legal counsel or authorized representative.

(d) The Executive Officer or his/her designee may affirm, modify or dismiss the citation, at the conclusion of the informal conference. A written decision stating the reasons for the decision shall be mailed to the cited person and his/her legal counsel, if any, within 14 calendar days from the date of the informal conference. This decision shall be deemed to be a final order with regard to the citation issued.

(e) If the citation is dismissed, the request for a hearing shall be deemed withdrawn. If the citation is affirmed or modified, the cited person may, in his/her discretion, withdraw the request for a hearing or proceed with the administrative hearing process.

Notes

Cal. Code Regs. Tit. 16, § 390.4

1. New section filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2. Change without regulatory effect amending subsections (b)-(d) filed 10-5-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 40).
3. Amendment of NOTE filed 7-2-2008; operative 8-1-2008 (Register 2008, No. 27).

Note: Authority cited: Sections 125.9, 1000- 4(b) and 1000- 10, Business and Professions Code; and Chiropractic Initiative Act of California, Stats. 1923, p. 1xxxviii. Reference: Sections 1000- 4(b) and 1000- 10, Business and Professions Code; and Chiropractic Initiative Act of California, Stats. 1923, p. 1xxxviii.

1. New section filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2. Change without regulatory effect amending subsections (b)-(d) filed 10-5-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 40).
3. Amendment of Note filed 7-2-2008; operative 8-1-2008 (Register 2008, No. 27).