California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 7 - Citations and Fines › Section 1886.70 - Contested Citations and Request for a Hearing or Informal Citation Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				If a cited person wishes to contest the citation, assessment of the
				administrative fine, or order of abatement, the cited person shall, within
				thirty (30) days after service of the citation, file in writing a request for
				an administrative hearing to the executive officer regarding the acts charged
				in the citation, as provided for in subdivision (b)(4) of Section
				125.9 of the Code.
(b) In addition to or instead of requesting
				an administrative hearing, as provided for in subdivision (b)(4) of Section
				125.9 of the Code, the cited
				person may, within 30 days after service of the citation, contest the citation
				by submitting a written request for an informal citation conference to the
				executive officer or his/her designee.
(c) Upon receipt of a written request for an
				informal citation conference, the executive officer or his/her designee shall,
				within 60 days, hold an informal citation conference with the cited person. The
				cited person may be accompanied and represented at the informal conference by
				an attorney or other authorized representative.
(d) If an informal citation conference is
				held, the request for an administrative hearing shall be deemed to be withdrawn
				and the executive officer or his/her designee may affirm, modify or dismiss the
				citation, including any fine levied or order of abatement issued, at the
				conclusion of the informal citation conference. If affirmed or modified, the
				citation originally issued shall be considered withdrawn and an affirmed or
				modified citation, including reasons for the decision, shall be issued. The
				affirmed or modified citation shall be mailed to the cited person and his/her
				counsel, if any, within 10 days from the date of the informal citation
				conference.
(e) If a cited person
				wishes to contest an affirmed or modified citation, the cited person shall,
				within 30 days after service of the citation, contest the affirmed or modified
				citation by submitting a written request for an administrative hearing, as
				provided for in subdivision (b)(4) of Section
				125.9 of the Code, to the
				executive officer or his or her designee. An informal citation conference shall
				not be held on affirmed or modified citations.
1. New section
				  filed 1-17-97; operative 2-16-97 (Register 97, No. 3).
2. Amendment
				  of NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code
				  section
				  11343.4
				  (Register 2011, No. 21).
3. Change without regulatory effect
				  amending NOTE filed 3-21-2017 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2017, No. 12).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 4980.60
					 and
					 4990.20,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.