Section 2523.5 - Contested Citations(a) The cited person may, within 14 calendar days after service of the citation, submit a written request for an informal citation review with the executive officer or his/her designee.(b) The executive officer or his/her designee shall, within 30 calendar days from receipt of the written request, hold an informal conference with the cited person and his/her legal counsel or authorized representative, if desired.(c) The executive officer or his/her designee may affirm, modify or dismiss the citation, including any fine or order of abatement, 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/her legal counsel, if any, within 14 calendar days from the date of the informal conference.(d) If the citation is dismissed during the informal conference, any request for an administrative hearing shall be deemed withdrawn. If the citation is affirmed or modified, the cited person may request an administrative hearing within 30 days of the date of the issuance of the written informal conference decision. The request for an administrative hearing shall be in writing.(e) The failure of a cited person to appear for a scheduled informal citation review conference shall be deemed a withdrawal of any request for an administrative hearing if the Board sends written notice to the cited person of that consequence and the cited person does not inform the Board otherwise, in writing, within 10 calendar days of the notice.(f) In addition to the appeal rights in subsections (a) through (e) above, the cited person may request an administrative hearing provided for in subdivision (b)(4) of Section 125.9 of the Code within 30 days of the date of issuance of the citation or assessment.Cal. Code Regs. Tit. 16, § 2523.5
1. New section filed 7-27-95; operative 8-26-95 (Register 95, No. 30).
2. Amendment of section and NOTE filed 9-11-2007; operative 10-11-2007 (Register 2007, No. 37). Note: Authority cited: Sections 125.9, 148 and 2854, Business and Professions Code. Reference: Sections 125.9, 148, 2878 and 2878.1, Business and Professions Code.
1. New section filed 7-27-95; operative 8-26-95 (Register 95, No. 30).
2. Amendment of section and Note filed 9-11-2007; operative 10-11-2007 (Register 2007, No. 37).