Section 2295.2 - Contested Citations(a) The citation shall inform the licensee that if he desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 calendar days of the date of issuance of the citation. Hearings shall be held pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(b) In addition to requesting a hearing provided for in subdivision (a) of this section, the cited person may, within 14 calendar days after service of the citation, submit a written request for an informal conference with the Executive Officer.(c) The Executive Officer or his designee shall, within 30 calendar days from receipt of the written request, hold an informal conference with the person cited and/or his legal counsel or authorized representative.(d) The Executive Officer or his designee may affirm, modify or dismiss the citation, at the conclusion of the informal conference. A written decision stating the reasons for the decision shall be mailed to the cited person and his legal counsel, if any, within 14 calendar days from the date of the informal conference. This decision shall be deemed to be a final order with regard to the citation issued.(e) If the citation is dismissed, the request for a hearing shall be deemed withdrawn. If the citation is affirmed or modified, the cited person may, in his discretion, withdraw the request for a hearing or proceed with the administrative hearing process.Cal. Code Regs. Tit. 16, § 2295.2
1. New section filed 4-16-2012; operative 5-16-2012 (Register 2012, No. 16). Note: Authority cited: Sections 125.9 and 148, Business and Professions Code. Reference: Sections 125.9, 148, 7209.5, 7210, 7210.5 and 7213, Business and Professions Code.
1. New section filed 4-16-2012; operative 5-16-2012 (Register 2012, No. 16).