California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 26 - Landscape Architects Technical Committee › Article 1 - General Provisions › Section 2630.2 - Contest of Citations; Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person served with a citation issued
				pursuant to Section
				2630 may contest the citation by
				submitting a written request for an administrative hearing to the Board within
				30 calendar days of service of the citation. Such hearings shall be conducted
				pursuant to the Administrative Procedure Act, Chapters 4.5 and 5, (commencing
				with Section
				11400) of Part 1 of Division 3 of
				Title 2 of the Government Code.
(b)
				In addition to requesting a hearing as described in subsection (a), the cited
				person may, within 30 calendar days of service of the citation, submit a
				written request for an informal conference with the executive
				officer.
(c) The request for an
				administrative hearing to contest a citation is not waived if the executive
				officer or their designee affirms or modifies the citation at an informal
				conference.
(d) The executive
				officer or their designee shall, within 60 calendar days from receipt of a
				written request for an informal conference as provided in subsection (b), hold
				an informal conference with the cited person. The 60-day period may be extended
				by the executive officer or their designee for good cause. Following the
				informal conference, the executive officer or their designee may affirm,
				modify, or dismiss the citation, including any administrative fine assessed or
				order of abatement issued. An order affirming, modifying, or dismissing the
				original citation shall be served on the cited person within 30 calendar days
				from the informal conference. Said order shall state in writing the reasons for
				the affirmation, modification, or dismissal of the original citation. If the
				order affirms or modifies the original citation, said order shall fix a
				reasonable period of time for abatement of the violation or payment of the
				fine. Service of this order shall be made as provided in Section
				2630.
(e) If the informal conference results in the
				modification of the findings of violation(s), the amount of the fine, or the
				order of abatement, the citation shall be considered modified, but not
				withdrawn.
(f) Within 30 calendar
				days after service of an affirmed or modified citation following an informal
				conference, a cited person who did not initially request an administrative
				hearing within 30 calendar days of being served the original citation may make
				a request for an administrative hearing in writing to the executive officer. A
				cited person may not request a second informal conference to contest a citation
				that has been affirmed or modified following an informal conference. If the
				cited person does not make a timely request for an administrative hearing after
				service of the affirmed or modified citation following the informal conference,
				the decision in the affirmed or modified citation shall be considered a final
				order. An administrative hearing conducted after a citation is affirmed or
				modified after the informal conference shall be conducted as provided in
				paragraph (4) of subdivision (b) of Section
				125.9 of the Code.
(g) If the citation is dismissed after the
				informal conference, the request for an administrative hearing, if any, shall
				be deemed to be withdrawn.
(h)
				Submittal of a written request for an administrative hearing as provided in
				subsection (a) or (f), an informal conference as provided in subsection (b), or
				both, stays the time period in which to pay the fine.
(i) If the written request for an
				administrative hearing as provided in subsection (a) or (f), an informal
				conference as provided in subsection (b), or both, is not submitted within 30
				calendar days from service of the citation, the cited person is deemed to have
				waived his or her right to an administrative hearing or an informal
				conference.
1. New section
				  filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
2.
				  Change without regulatory effect amending subsections (a) and (d) filed
				  5-5-2003 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2003, No. 19).
3. Repealer and new section
				  heading and amendment of section and NOTE filed 2-8-2023; operative 4-1-2023
				  (Register 2023, No. 6).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 5630,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.