California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 11.3 - Administrative Citations and Fines for Automotive Repair Act Violations by Registrants › Section 3394.54 - Informal Citation Review Conference Panel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of conducting the
				  informal citation review conference and making a recommendation pursuant to
				  section 3394.53, a panel of three
				  representatives ("panel") shall be appointed by the Bureau chief. The panel
				  shall be composed of one representative each from the Bureau, the public, and
				  the automotive repair industry, which shall render a recommendation by majority
				  vote. The members of the panel shall serve at no expense to the
				  Bureau.
(b) Once a request for
				  informal citation review conference has been received in compliance with
				  section 3394.53, the Bureau shall notify
				  the cited person of the composition of the panel, including the name of each
				  appointed panel member, within 14 days of the date of receipt of the request
				  unless a panel cannot be established as described in this section. If a panel
				  is established pursuant to this section, the cited person may provide a written
				  objection to the appointment of any panel member for any of the reasons set
				  forth in subdivision (e) within 14 days of the date of receipt of the Bureau's
				  panel appointment notice. The objection shall include all of the following: the
				  reason for the objection, copies of all evidence and argument on which the
				  cited person relies when the written objection is filed, and the authorized
				  signature, title, and contact information (telephone, email, or mailing
				  address) of the person submitting the objection on behalf of the cited person,
				  if any.
(c) All evidence and
				  argument regarding the objection shall be considered by the Bureau chief. The
				  Bureau chief shall make the final decision on the composition of the panel
				  before the informal citation review conference is held and shall send written
				  notice of their decision at least 14 days before the date set for the informal
				  citation review conference. There shall be no oral hearing or further
				  administrative review of this decision.
(d) The Bureau chief may establish multiple
				  panels as necessary to carry out the informal citation review conference
				  process within the timeframes specified in section
				  3394.53. However, if at any time a
				  panel cannot be established to conduct the informal citation review conference
				  for the reasons set forth in subsections (e) or (h), the Bureau chief or their
				  designee shall conduct the conference and the Bureau chief or their designee
				  shall send written notice of:
(1) the
				  inability to establish a panel,
(2)
				  the factual basis for determining that a panel cannot be established within the
				  timeframes required to hold the informal conference in section
				  3394.53; and,
(3) the informal conference will be held by
				  the Bureau chief or their designee. Such written notice shall be provided at
				  least 14 days before the date set for the informal citation review
				  conference.