Cal. Code Regs. Tit. 4, § 1383.5 - Contest of Citations

(a) In addition to requesting a hearing provided for in subdivision (b)(4) of Section 125.9 of the Business and Professions Code, the person cited may, within ten (10) days after service of the citation, notify the chief in writing of his or her request for a citation review conference with the chief regarding the acts charged in the citation.

(b) The chief shall hold, within 30 days from the receipt of the request, a citation review conference with the person cited or his or her legal counsel or authorized representative. At the conclusion of the citation review conference the chief may affirm, modify or dismiss the citation, including any fine levied or order of abatement issued. The chief shall state in writing the reasons for his or her action and transmit a copy of his or her findings and decision to the person cited. This decision shall be deemed to be a final order with regard to the citation issued, including the fine levied and the order of abatement.

(c) The person cited does not waive his or her right to request a hearing to contest the citation by requesting a citation review conference after which the citation is affirmed by the chief. If the citation, including any fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and the new citation issued. If a hearing is requested for the subsequent citation, it shall be requested within 30 days in accordance with the subdivision (b)(4) of Section 125.9 of the Business and Professions Code.

Notes

Cal. Code Regs. Tit. 4, § 1383.5

1. New section filed 9-8-93; operative 10-8-93 (Register 93, No. 37).

Note: Authority cited: Sections 125.9, 148 and 19034, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

1. New section filed 9-8-93; operative 10-8-93 (Register 93, No. 37).