California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 17 - California State Board of Pharmacy › Article 9 - Citations and Fines › Section 1775.4 - Contested Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Any person or entity served with a citation may contest the citation by
				appealing to the board in writing within 30 days of the issuance of the
				citation. Appeals shall be conducted pursuant to the adjudication provisions of
				the Administrative Procedure Act. (Government Code Section
				11500 et
				seq.)
(b) In addition to requesting
				a hearing, as provided for in subdivision (a), the person or entity cited may,
				within 14 calendar days after service of a citation, submit a written request
				for an informal office conference. The person or entity cited may contest any
				or all aspects of the citation. The informal office conference will be
				conducted by the executive officer or his/her designee within 30 calendars days
				of receiving the request.
(c) The
				executive officer or his/her designee shall hold an informal office conference
				upon request as provided for in subdivision (b) with the person or entity cited
				and their legal counsel or authorized representative if they desire
				representation at the informal office conference. At the conclusion of the
				informal office conference, the executive officer or his/her designee may
				affirm, modify or dismiss the citation, including any administrative fine
				levied or order of abatement issued. The executive officer or his/her designee
				shall state in writing the reasons for their action and serve or send by
				certified mail, a copy of their findings and decision to the person or entity
				cited within 14 calendar days from the date of the informal office conference.
				This decision shall be deemed to be a final order with regard to the citation
				issued, including the administrative fine levied and/or an order of
				abatement.
(d) The person or entity
				cited does not waive their request for a hearing to contest a citation by
				requesting an informal office conference after which the citation is affirmed
				by the executive officer or his/her designee. If the citation is dismissed
				after the informal office conference, the request for a hearing on the matter
				of the citation shall be deemed to be withdrawn. If the citation, including any
				administrative fine levied or order of abatement, is modified, the citation
				originally issued shall be considered withdrawn and a new citation issued. If a
				hearing is requested for the subsequent citation, it shall be requested within
				30 days of the issuance of the subsequent citation.
1. New section
				  filed 5-31-95; operative 6-30-95 (Register 95, No. 22).
2. Change
				  without regulatory effect amending NOTE filed 9-11-2002 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2002, No. 37).
3. Amendment filed 9-11-2003;
				  operative 10-11-2003 (Register 2003, No. 37).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 4005,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.