Section 2386 - Appeal of Citations(a) Any person or entity served with a citation pursuant to this article and section 125.9 of the Business and Professions Code may contest the citation by filing with the bureau chief, within thirty (30) days of the date of issuance of the citation, a written request for a hearing. All hearings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The cited person or entity may contest any or all of the following aspects of the citation: (1) The occurrence of a violation of the Cemetery Act or of a regulation adopted by the bureau.(2) The reasonableness of the order of abatement, if an order of abatement is included in the citation.(3) The reasonableness of the period of time allowed for correction in an order of abatement, if an order of abatement is included in the citation.(4) The amount of the fine, if a fine is included in the citation.(b) Failure of a cited person or entity to appear at the time and location of the requested hearing shall be deemed a withdrawal of his, her or its appeal, and the citation shall constitute a final order of the bureau chief, or his or her designee, and shall not be subject to administrative appeal or review.Cal. Code Regs. Tit. 16, § 2386
1. New section filed 5-25-93; operative 6-24-93 (Register 93, No. 22).
2. Amendment of section and NOTE filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
3. Change without regulatory effect amending section and NOTE filed 10-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 42).
4. Amendment of section heading and repealer and new section filed 11-24-2015; operative 1-1-2016 (Register 2015, No. 48). Note: Authority cited: Sections 125.9, 148, 9630 and 9631, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.
1. New section filed 5-25-93; operative 6-24-93 (Register 93, No. 22).
2. Amendment of section and Note filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
3. Change without regulatory effect amending section and Note filed 10-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 42).
4. Amendment of section heading and repealer and new section filed 11-24-2015; operative 1/1/2016 (Register 2015, No. 48).