Section 152.5 - Contest of Citations, Informal Conference(a) In addition to requesting an administrative hearing as provided for in subdivision (b)(4) of section 125.9 of the code, the cited person may request an informal conference to review the acts charged in the citation. A request for an informal conference shall be made in writing, within ten (10) days after service of the citation, to the executive officer.(b) The executive officer shall hold, within sixty (60) days from the receipt of the request, an informal conference with the cited person. At the conclusion of the informal conference, the executive officer may affirm, modify or dismiss the citation, including any fine levied, order of abatement or order of correction issued. The executive officer shall state in writing the reasons for his or her action and transmit a copy of his or her findings and decision to the cited person. Unless an administrative hearing as provided for in subdivision (b)(4) of section 125.9 of the code was requested in a timely manner, an informal conference decision which affirms the citation shall be deemed to be a final order with regard to the citation issued, including the fine levied and the order of abatement or order of correction.
(c) If the citation, including any fine levied or order of abatement or correction, is modified, the citation originally issued shall be considered withdrawn and a new citation issued. If the cited person desires a hearing to contest the new citation, he or she shall make a request in writing, within thirty (30) days of receipt of the informal conference decision, to the executive officer. The hearing shall be conducted as provided for in subdivision (b)(4) of section 125.9 of the code. A cited person may not request an informal conference for a citation which has been modified following an informal conference.
Cal. Code Regs. Tit. 16, § 152.5
1. New section filed 7-13-98; operative 8-12-98 (Register 98, No. 29). Note: Authority cited: Section 5526, Business and Professions Code. Reference: Sections 125.9, 148 and 149, Business and Professions Code.
1. New section filed 7-13-98; operative 8-12-98 (Register 98, No. 29).