California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 12 - Enforcement › Article 2 - Compliance and Enforcement Actions › Section 17803 - Contesting Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  cited licensee or person may, within 30 calendar days after service of the
				  citation, contest the citation by submitting to the Department a written
				  request for a hearing, conducted in accordance with chapter 5 (commencing with
				  section 11500) of part 1 of division 3 of
				  the Government Code. If a hearing is not requested, it is waived and payment of
				  a fine will not constitute an admission of the violation charged.
(b) In addition to requesting a hearing
				  provided for in subsection (a), the cited licensee or person may, within 15
				  calendar days after service of the citation, submit a written request for an
				  informal conference with the Department regarding the acts or omissions charged
				  in the citation.
(c) The Department
				  shall, within 15 calendar days after receipt of the written request, hold an
				  informal conference with the cited licensee or person and/or their legal
				  counsel or authorized representative.
(d) At the conclusion of the informal
				  conference, the Department may affirm, modify, or dismiss the citation,
				  including any fines levied or orders of abatement issued. A written decision
				  stating the reasons for the decision shall be mailed to the cited licensee or
				  person and their legal counsel, if any, within 15 calendar days after the date
				  of the informal conference. This decision shall be deemed to be a final order
				  with regard to the citation issued, including the levied fine and the order of
				  abatement, if any.
(e) If the
				  citation is dismissed, any request for a hearing shall be deemed withdrawn. If
				  the citation is affirmed or modified, the cited licensee or person may either
				  withdraw the request for a hearing or proceed with the administrative hearing
				  process.
(f) If the citation,
				  including any fines levied or orders of abatement issued, is modified, the
				  citation originally issued shall be considered withdrawn and new citation
				  issued. If a hearing is requested for the subsequent citation, it shall be
				  requested within 30 calendar days after issuance of the citation.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						26012,
						26016
						and
						26031.5,
						Business and Professions Code.