Section 1886.70 - Contested Citations and Request for a Hearing or Informal Citation Conference(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If an informal citation conference is held, the request for an administrative hearing shall be deemed to be withdrawn and the executive officer or his/her designee may affirm, modify or dismiss the citation, including any fine levied or order of abatement issued, at the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 If affirmed or modified, the citation originally issued shall be considered withdrawn and an affirmed or modified citation, including reasons for the decision, shall be issued.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.Cal. Code Regs. Tit. 16, § 1886.70
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.
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).