Section 86055 - Administrative Review(a) A licensee or his/her representative shall have the right to request a review of a notice of deficiency and/or notice of penalty within 10 working days of receipt of such notice(s).(1) If the deficiency has not been corrected, civil penalties shall continue to accrue during the review process.(b) The review shall be conducted by a higher level staff person than the evaluator who issued the notice(s).(c) If the reviewer determines that a notice of deficiency or notice of penalty was not issued or assessed in accordance with applicable statutes and regulations of the Department, or that other circumstances existed, they shall have the authority to amend or dismiss the notice.(d) The reviewer shall have the authority to extend the date specified for correction of a deficiency if warranted by the facts or circumstances presented to support a request for extension.Cal. Code Regs. Tit. 22, § 86055
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 1534, Health and Safety Code.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 1534, Health and Safety Code.
1. Change without regulatory effect adopting section filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
2. Amendment of subsection (c) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).