California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 40 - Naturopathic Medicine Committee › Article 8 - Citations › Section 4250 - Contest of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				In addition to requesting a hearing, as provided for in subsection (b)(4) of
				Section 125.9 of the Code, the person
				cited may, within ten (10) days after service or receipt of the citation,
				notify the Executive Officer of the Committee or the Committee's designee in
				writing of his or her request for an informal conference with the Executive
				Officer of the Committee or the Committee's designee 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 Executive Officer of the Committee or
				the Committee's designee shall, within thirty (30) days from receipt of the
				request, hold an informal conference with the person cited and/or his or her
				legal counsel or authorized representative. At the conclusion of the informal
				conference, the Executive Officer of the Committee or the Committee's designee
				may affirm, modify or dismiss the citation, including any administrative fine
				levied or order of abatement issued. The Executive Officer of the Committee or
				the Committee's designee shall state in writing the reasons for his or her
				action and serve or mail, as provided in subdivision (e) of section
				4244, a copy of his or her
				findings and decision to the person cited within fifteen (15) days from the
				date of the informal conference. The decision shall be deemed to be a final
				order with regard to the citation issued, including the administrative fine
				levied and the order of abatement.
(c) The person cited does not waive his or
				her request for a hearing to contest a citation by requesting an informal
				conference after which the citation is affirmed by the Executive Officer of the
				Committee or the Committee's designee. If the citation is dismissed after the
				informal 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				shall be deemed to be withdrawn.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				shall be considered withdrawn and a new citation issued.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 thirty (30)
				days in accordance with subsection (b)(4) of Section
				125.9 of the Code.
(d) A cited person may not request an
				informal conference for a citation which was modified following an informal
				conference.
1. New section
				  filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A
				  Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 3-8-2005 as an emergency; operative
				  3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be
				  transmitted to OAL by 7-6-2005 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register
				  2005, No. 33).
4. Change without regulatory effect amending section
				  filed 9-30-2010 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2010, No. 40).
Note: Authority cited: Sections
					 125.9
					 and
					 3622,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 3620,
					 Business and Professions Code.