California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 31 - State Board of Examiners of Nursing Home Administrators › Article 7.5 - Citations and Fines › Section 3170.3 - Contest of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Any person served with a citation may contest the citation by appeal to the
				Board within thirty (30) days of service of the citation. Appeals shall be
				conducted pursuant to Government Code Section
				11500 et
				seq.
(b) In addition to requesting
				a hearing before an administrative law judge, the person cited may, within ten
				(10) days after service of the citation, notify the Executive Officer in
				writing of his or her request for an informal conference with the Executive
				Officer or a committee of the board regarding the acts charged in the citation.
				At the time of requesting an informal conference, the person shall inform a the
				Executive Officer whether he or she shall be represented at the informal
				conference by legal counsel. Failure to notify the Executive Officer of legal
				representation shall not result in forfeiture of the right to have legal
				counsel present. Unless the request for an informal hearing is made within the
				10-day period, the applicant's right to an informal hearing is deemed
				waived.
(c) A committee of the
				board or the Executive Officer shall, within 30 working days from receipt of
				the request, hold a informal conference with the person cited and/or his or her
				legal counsel or authorized representative. At the conclusion of the informal
				conference a committee of the board or the Executive Officer may affirm, modify
				or dismiss the citation, including any administrative fine levied or order of
				abatement issued. The committee of the board or the Executive Officer shall
				state in writing the reasons for his or her action and serve or mail, as
				provided in subsection (f) of section
				3170.1, a copy of his or her
				findings and decision to the person cited within ten (10) working days from the
				date of the informal conference. The decision shall be deemed to be a final
				order.
(d) 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 a committee of
				the board or the Executive Officer. 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 or affirmed, the citation
				originally issued shall be considered withdrawn and a new citation, which shall
				not be subject to informal conference, shall be issued within two working days
				of the informal conference decision. The new citation shall be served in
				accordance with section
				3170.1(f). If a
				hearing is requested for the subsequent citation, it shall be requested within
				30 calendar days in accordance with subsection (b)(4) of Section
				125.9
				of the Business and Professions Code.
1. New section
				  filed 1-30-97; operative 3-1-97 (Register 97, No. 5).
2. Change
				  without regulatory effect amending subsections (c) and (d) filed 7-16-97
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 29).
Note: Authority cited: Sections
					 125.9
					 and
					 3917,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.