Section 1399.697 - Contest of Citations(a) In addition to requesting a hearing 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 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 hold, within 30 days from the receipt of the request, an informal conference with the person cited 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 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 (g) of Section 1399.696, a copy of his or her findings and decision to the person cited within ten days from the date of the informal conference. 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 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dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn.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including any fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and new citation issued.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.Cal. Code Regs. Tit. 16, § 1399.697
1. Renumbering of former section 1399.699 to new section 1399.697, including amendment of section and NOTE, filed 7-22-98; operative 8-21-98 (Register 98, No. 30). For prior history of former section 1399.697, see Register 92, No. 12.
2. Amendment of subsection (b) filed 5-16-2008; operative 6-15-2008 (Register 2008, No. 20). Note: Authority cited: Sections 125.9 and 2470, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.
1. Renumbering of former section 1399.699 to new section 1399.697, including amendment of section and Note, filed 7-22-98; operative 8-21-98 (Register 98, No. 30). For prior history of former section 1399.697, see Register 92, No. 12.
2. Amendment of subsection (b) filed 5-16-2008; operative 6-15-2008 (Register 2008, No. 20).