California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 4 - Miscellaneous › Section 472.2 - Appeal of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Any person served with a citation issued pursuant to Section
				472 may appeal the citation by
				submitting a written request for a hearing to the Board within 30 calendar days
				of the date of issuance 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.
(b)
				In addition to requesting a hearing as described in subsection (a), the cited
				person may, within 30 calendar days of the date of issuance of the citation,
				submit a written request for an informal conference with the Executive
				Officer.
(c) The Executive Officer
				may, within 30 working days from receipt of a written request for an informal
				conference as provided in subsection (b), hold an informal conference with the
				cited person and/or his or her legal counsel or authorized representative. The
				30-day period may be extended by the Executive Officer for good cause.
				Following the informal conference, the Executive Officer shall affirm, modify,
				or dismiss the citation, including any administrative fine assessed or order of
				abatement issued. An order affirming, modifying, or dismissing the original
				citation shall be served on the cited person within 30 calendar days from the
				informal conference. Said 30-day period may be extended by the Executive
				Officer for good cause. Said order shall state in writing the reasons for the
				affirmation, modification, or dismissal of the original citation. 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. Service
				of this order shall be made as provided in Section
				472. This order shall be
				considered the conclusion of the informal conference proceedings.
(d) If the citation is affirmed or modified
				following the informal conference, the cited person may request a hearing as
				provided in subsection (a) within 30 calendar days from service of the order
				described in subsection (c). The cited person shall not be permitted to request
				another informal conference.
(e) If
				the citation is dismissed after the informal conference, the request for a
				hearing, if any, shall be deemed to be withdrawn.
(f) Submittal of a written request for a
				hearing as provided in subsection (a), an informal conference as provided in
				subsection (b), or both stays the time period in which to abate the violation
				and/or pay the fine.
(g) If the
				written request for a hearing as provided in subsection (a) or an informal
				conference as provided in subsection (b) or both is not submitted within 30
				calendar days from the date of issuance of the citation, the cited person is
				deemed to have waived his or her right to a hearing or an informal
				conference.
1. New section
				  filed 8-16-95; operative 9-15-95 (Register 95, No. 33).
2. Amendment
				  of section and NOTE filed 12-23-99; operative 1-1-2000 pursuant to Government
				  Code section
				  11343.4(d)
				  (Register 99, No. 52).
3. Amendment of subsections (a)-(c) and (g)
				  and amendment of NOTE filed 3-14-2017; operative 7-1-2017 (Register 2017, No.
				  11).
Note: Authority cited: Sections
					 125.9,
					 148,
					 149,
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.