California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 6 - Telephone Medical Advice › Article 4 - Disciplinary Proceedings › Section 4035 - Contest of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to requesting a hearing provided for in Section
				  125.9 of the Code, the cited
				  business or registrant may, within 30 days after service of the citation,
				  notify the director or her or his designee in writing of her or his request for
				  an informal citation review conference with the Bureau chief regarding the acts
				  charged in the citation. The time allowed for the request shall begin the first
				  day after the citation has been served or received.
(b) The director or her or his designee shall
				  hold, within thirty (30) days from the receipt of the request, an informal
				  citation review conference with the business or registrant cited and/or her or
				  his legal counsel or authorized representative.
(c) At the conclusion of the informal
				  citation review conference, the director or her or his designee may affirm,
				  modify, or dismiss the citation, including any fine assessed or order of
				  abatement issued. The director or her or his designee shall state in writing
				  the reasons for her or his action and serve, as provided in subsection (e) of
				  Section 4031 and subsection (f) of Section
				  4033, a copy of her or his
				  findings and decision to the business or registrant cited within fifteen (15)
				  business days from the date of the informal citation review conference. This
				  decision shall be deemed to be a final order with regard to the citation
				  issued, including the fine assessed and the order of abatement. The cited
				  business or registrant is not entitled to another informal citation review
				  conference.
(d) The cited business
				  or registrant does not waive her or his request for a formal hearing to contest
				  a citation by requesting an informal citation review conference after which the
				  citation is affirmed by the director or her or his designee. If the citation is
				  dismissed after the informal citation review conference, the request for a
				  hearing on the matter of the citation shall be deemed to be withdrawn. If the
				  citation, including any fine assessed or order of abatement, is modified, the
				  citation originally issued shall be considered withdrawn and a new citation
				  issued.
(e) If a cited business or
				  registrant wishes to contest an affirmed or modified citation, the cited
				  business or registrant shall, within 30 days after service of the citation,
				  contest the affirmed or modified citation by submitting a written request for
				  an administrative hearing, as provided for in subdivision (b)(4) of Section
				  125.9 of the Code, to the director
				  or her or his designee. An informal citation conference shall not be held on
				  affirmed or modified citations.
1.
					 Certificate of Compliance as to 3-19-2001 order, including renumbering of
					 former section
					 4034 to section
					 4035, transmitted to OAL 7-16-2001
					 and filed 8-24-2001 (Register 2001, No. 34).
Note: Authority cited: Sections
						125.9
						and
						4999.6,
						Business and Professions Code. Reference: Sections
						125.9,
						4999.2
						and
						4999.3,
						Business and Professions Code.