Section 2630.2 - Contest of Citations; Informal Conference(a) Any person served with a citation issued pursuant to Section 2630 may contest the citation by submitting a written request for an administrative hearing to the Board within 30 calendar days of service of the citation. Such hearings shall be conducted pursuant to the Administrative Procedure Act, Chapters 4.5 and 5, (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.(b) In addition to requesting a hearing as described in subsection (a), the cited person may, within 30 calendar days of service of the citation, submit a written request for an informal conference with the executive officer.(c) The request for an administrative hearing to contest a citation is not waived if the executive officer or their designee affirms or modifies the citation at an informal conference.(d) The executive officer or their designee shall, within 60 calendar days from receipt of a written request for an informal conference as provided in subsection (b), hold an informal conference with the cited person. The 60-day period may be extended by the executive officer or their designee for good cause. Following the informal conference, the executive officer or their designee may affirm, modify, or dismiss the citation, including any administrative fine assessed or order of abatement issued. An order affirming, modifying, or dismissing the original citation shall be served on the cited person within 30 calendar days from the informal conference. Said order shall state in writing the reasons for the affirmation, modification, or dismissal of the original citation. If the order affirms or modifies the original citation, said order shall fix a reasonable period of time for abatement of the violation or payment of the fine. Service of this order shall be made as provided in Section 2630.(e) If the informal conference results in the modification of the findings of violation(s), the amount of the fine, or the order of abatement, the citation shall be considered modified, but not withdrawn.(f) Within 30 calendar days after service of an affirmed or modified citation following an informal conference, a cited person who did not initially request an administrative hearing within 30 calendar days of being served the original citation may make a request for an administrative hearing in writing to the executive officer. A cited person may not request a second informal conference to contest a citation that has been affirmed or modified following an informal conference. If the cited person does not make a timely request for an administrative hearing after service of the affirmed or modified citation following the informal conference, the decision in the affirmed or modified citation shall be considered a final order. An administrative hearing conducted after a citation is affirmed or modified after the informal conference shall be conducted as provided in paragraph (4) of subdivision (b) of Section 125.9 of the Code.(g) If the citation is dismissed after the informal conference, the request for an administrative hearing, if any, shall be deemed to be withdrawn.(h) Submittal of a written request for an administrative hearing as provided in subsection (a) or (f), an informal conference as provided in subsection (b), or both, stays the time period in which to pay the fine.(i) If the written request for an administrative hearing as provided in subsection (a) or (f), an informal conference as provided in subsection (b), or both, is not submitted within 30 calendar days from service of the citation, the cited person is deemed to have waived his or her right to an administrative hearing or an informal conference.Cal. Code Regs. Tit. 16, § 2630.2
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
2. Change without regulatory effect amending subsections (a) and (d) filed 5-5-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 19).
3. Repealer and new section heading and amendment of section and NOTE filed 2-8-2023; operative 4-1-2023 (Register 2023, No. 6). Note: Authority cited: Sections 125.9, 148 and 5630, Business and Professions Code. Reference: Sections 125.9, 148 and 149, Business and Professions Code.
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
2. Change without regulatory effect amending subsections (a) and (d) filed 5-5-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 19).
3. Repealer and new section heading and amendment of section and Note filed 2-8-2023; operative 4/1/2023 (Register 2023, No. 6).