Section 1023.5 - Contest of Citations(a) In addition to requesting a hearing, as provided for in subsection (b)(4) of Section 125.9 of the code, the person cited may, within ten (10) days after service or receipt of the citation, notify the executive officer in writing of his or her request for an informal conference with the executive officer regarding the acts charged in the citation. The time allowed for the request shall begin the first day after the citation has been served or received.(b) The executive officer shall, within 30 days from receipt of the request, hold an informal conference with the person cited and/or his or her legal counsel or authorized representative. At the conclusion of the informal conference the executive officer may affirm, modify or dismiss the citation, including any administrative fine levied or order of abatement issued. The executive officer shall state in writing the reasons for his or her action and serve or mail, as provided in subsection (b) of section 1023.1, a copy of his or her findings and decision to the person cited within ten days from the date of the informal conference. The decision shall be deemed to be a final order without regard to the citation issued, including the administrative fine levied and the order of abatement.(c) 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 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dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn.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any administrative fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and a new citation issued. If a hearing is requested for the subsequent citation, it shall be requested within 30 days in accordance with subsection (b)(4) of Section 125.9 of the code.Cal. Code Regs. Tit. 16, § 1023.5
1. New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17). Note: Authority cited: Sections 125.9 and 1614, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.
1. New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).