California Code of Regulations › Title 5 - Education › Division 7.5 - Private Postsecondary Education › Chapter 5 - Enforcement and Discipline › Article 2 - Citations and Fines › Section 75040 - Appeal of Citations; Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to section
				  94936(c)(2) of the
				  Code, a cited institution or person may, within 30 days of service of the
				  citation, request a hearing in writing to the Bureau, or it is waived. In
				  addition to contesting a citation by requesting a hearing, the cited
				  institution or person may, within the same 30 days, submit a written request to
				  the Bureau for an informal conference.
(b) The Bureau Chief, or his or her designee,
				  or the Director, or his or her designee, shall within 30 days from the Bureau's
				  receipt of a written request for an informal conference, hold an informal
				  conference with the cited institution or person. The 30-day period may be
				  extended by the Bureau Chief or the Director for good cause. The informal
				  conference may be by telephone.
(c)
				  Following the informal conference, the Bureau Chief, or his or her designee, or
				  the Director, or his or her designee, will affirm, modify, or dismiss the
				  citation, including any fine assessed and/or order of abatement issued. A
				  written order affirming, modifying, or dismissing the original citation shall
				  be served on the cited institution or person within 30 days from the informal
				  conference. If the order affirms or modifies the original citation, said order
				  shall fix a reasonable period of time for abatement of the violation and/or
				  payment of the fine of not more than 30 days.
(d) If the informal conference results in the
				  modification of the findings of violation(s), the amount of the fine and/or the
				  order of abatement, the citation shall be considered modified, but not
				  withdrawn. Unless waived, a cited institution or person is entitled to a
				  hearing to contest the modified citation if the institution or person filed a
				  timely request, but is not entitled to an informal conference to contest an
				  affirmed or modified citation. If a timely request for a hearing was not filed,
				  the decision on the affirmed or modified citation shall be considered
				  final.
(e) If the citation is
				  dismissed after the informal conference, the request for a hearing, if any,
				  shall be deemed withdrawn.
(f)
				  Submission of a written request for a hearing pursuant to section
				  94936(c)(2) of the
				  Code, or an informal conference as provided in subsection (a), or both, stays
				  the time period in which to pay the fine.
(g) If a written request for a hearing
				  pursuant to section
				  94936(c)(2) of the
				  Code, or for an informal conference as provided in subsection (a), or both, is
				  not submitted to the Bureau within 30 days from service of the citation, the
				  cited institution or person is deemed to have waived the right to an informal
				  conference and/or administrative hearing.
1. New
					 section filed 9-19-2011; operative 10-19-2011 (Register 2011, No.
					 38).
Note: Authority cited: Sections
						94877 and
						94936,
						Education Code. Reference: Sections
						94936 and
						94944,
						Education Code.