Section 1397.54 - Contest of Citations(a) In addition to requesting a hearing as provided for in subdivision (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 board official who issued the citation in writing of his or her request for an informal conference with the board official 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 board official who issued the citation shall, within 30 days from the 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 board official may affirm, modify or dismiss the citation, including any fine levied or order of abatement issued. The board official shall state in writing the reasons for his or her action and serve or mail a copy of his or her findings and decision to the person cited within ten (10) days from the date of the informal conference, as provided in subsection (b) of section 1397.52. This decision shall be deemed to be a final order with regard to the citation issued, including the 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 a board official. 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dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn.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including any fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and new citation issued.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 days in accordance with subdivision (b)(4) of section 125.9 of the Code.Cal. Code Regs. Tit. 16, § 1397.54
1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).
2. Change without regulatory effect amending subsections (a) and (c) filed 12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49). Note: Authority cited: Sections 125.9, 148 and 2930, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.
1. New section filed 4-26-96; operative 5-26-96 (Register 96, No. 17).
2. Change without regulatory effect amending subsections (a) and (c) filed 12-5-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 49).