California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5 - Citations › Section 4142 - Appeal of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
(b) In addition to
				requesting an informal conference described in subsection (a), a cited person
				may contest a citation, in whole or in part, 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.
(c)
				The request for a hearing to contest a citation is not waived if the executive
				officer affirms the citation at an informal conference.
(d) The executive officer, or his or her
				designee, shall within 30 working days from receipt of a written request for an
				informal conference, hold an informal conference with the cited person. The
				30-day period may be extended by the executive officer for good cause.
				Following the informal conference, the executive officer, or his or her
				designee, may affirm, modify, or dismiss the citation, including any fine
				assessed or order of abatement issued. A written order affirming, modifying, or
				dismissing the original citation shall be served on the cited person within 30
				calendar 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 or payment of the fine.
(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				withdrawn. A cited person is entitled to a hearing to contest the modified
				citation if he or she filed a timely request. A cited person is not entitled to
				an informal conference to contest a modified citation. If a timely request for
				a hearing was not filed, the decision in the modified citation shall be
				considered final.
(f) If the
				citation is dismissed after the informal conference, the request for a hearing,
				if any, shall be deemed withdrawn.
(g) Submittal of a written request for an
				informal conference as provided in subsection (a) or an administrative hearing
				as provided in subsection (b), or both, stays the time period in which to pay
				the fine.
(h) If a written request
				for an informal conference as provided in subsection (a), or a written request
				for a hearing as provided in subsection (b), or both, is not submitted to the
				board within 30 calendar days from service of the citation, the cited person is
				deemed to have waived his or her right to an informal conference and/or
				administrative hearing.
1. New section
				  filed 8-7-2002; operative 9-6-2002 (Register 2002, No.
				  32).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2570.20,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.