Cal. Code Regs. Tit. 16, § 973.6 - Appeal Process

(a) A licensee that has received an immediate suspension and has been placed on probation may, within 30 calendar days of the date the suspension notice was served, notify the board in writing of his/her request for an informal review hearing before the board's disciplinary review committee.

(b) Upon receipt of the timely request, the board shall schedule a hearing to be held in either Northern or Southern California, whichever is closest to the suspended/probationary licensee. Appeals requested under this section shall be heard at the next regularly scheduled disciplinary review hearing.

(c) Board staff shall, at least 30 calendar days before the date of the hearing, mail written notice to the probationary licensee of the date, time, and location of the hearing. To expedite the scheduling of a disciplinary review hearing, a licensee that has been placed on probation may waive the 30-day notice by agreeing to do so in writing.

(d) The probationary licensee shall appear at the hearing and may bring legal counsel or an authorized representative to the hearing. The probationary licensee may present written information and/or oral testimony to the disciplinary review committee. The probationary licensee may contest or appeal any of the following aspects of the immediate suspension/probationary license:

(1) The occurrence of a violation of the Barbering and Cosmetology Act or the regulations adopted by the board;

(2) The period of time for correction, if any; or

(3) The amount of the fine.

(e) The disciplinary review committee may affirm, modify, or dismiss an order of immediate suspension and imposition of probation. A written decision based on findings of fact and legal conclusions shall be mailed to the suspended/probationary licensee and his/her legal counsel, if any, within 30 days from the date of the disciplinary review hearing. Any modification to an order of immediate suspension and probation made by the disciplinary review committee shall be a final decision of the committee and only subject to appeal as provided in subdivision (h) of this section.

(f) In the event that the disciplinary review committee has determined that there are no facts to sustain the immediate suspension and probationary license, the disciplinary review committee shall dismiss the order of immediate suspension and imposition of probation. A decision of dismissal shall be effective immediately at the conclusion of the hearing. This decision shall be deemed final.

(g) If the suspended/probationary licensee fails to appear for the disciplinary review hearing and fails to show good cause for failure to appear, as defined in section 975, for failure to appear, the suspension/probationary license shall become final and effective as of the date of issuance. There shall be no administrative appeal.

(h) If the disciplinary review committee affirms or modifies the order of immediate suspension and imposition of probation, the licensee may request in writing a hearing before an administrative law judge pursuant to section 7411 of the Business and Professions Code. If the disciplinary review committee dismisses the order of immediate suspension and imposition of probation, any request before an administrative law judge shall be deemed withdrawn.

(i) The board shall notify in writing each licensee subject to immediate suspension and imposition of probation when the probation period terminates.

Notes

Cal. Code Regs. Tit. 16, § 973.6

1. New section filed 9-17-2007 as an emergency; operative 9-17-2007 (Register 2007, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-17-2007 order transmitted to OAL 3-4-2008 and filed 4-16-2008 (Register 2008, No. 16).

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7403.2, Business and Professions Code.

1. New section filed 9-17-2007 as an emergency; operative 9-17-2007 (Register 2007, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-17-2007 order transmitted to OAL 3-4-2008 and filed 4-16-2008 (Register 2008, No. 16).