Section 1399.159.01 - Office Mediation(a) Prior to issuing any citation, the Executive Officer shall provide notice of a probable violation and offer the individual who is the subject of the notice an opportunity to resolve the matter through office mediation.(b) A request for office mediation must be made within fourteen (14) calendar days after the notice of probable violation was mailed.(c) Within thirty (30) calendar days from the receipt of any such request, the Executive Officer shall conduct office mediation with the individual or his or her legal counsel or authorized representative.(d) At or before the office mediation, the Executive Officer shall provide the individual or his or her representative with a notice informing him or her of the right to request copies of all relevant non-privileged documents pertaining to the matter. The notice will further inform the individual or his or her representative that these copies will be provided by the Board upon receipt of a written request. Disclosure of these documents shall not constitute a waiver of any exemption under the Public Records Act that permits the Board to withhold disclosure of these documents from inquiring members of the general public.(e) Within fourteen (14) calendar days from the date of the office mediation, the Executive Officer will determine whether to proceed with the service of a citation pursuant to Section 1399.159.2. Alternately, the Executive Officer shall have the authority to enter into a settlement agreement with the individual.(f) If no settlement agreement is reached and the Executive Officer decides to go forward with a formal citation, the person cited shall not waive the right to request a formal hearing under the Administrative Procedures Act pursuant to subdivision (b)(4) of Section 125.9 of the Business and Professions Code by virtue of the fact that he or she previously requested office mediation.(g) In any settlement agreement entered into between the Board and the individual, the individual shall not be asked to waive or give up any future appeal rights he or she may have under the Administrative Procedures Act or any other law.Cal. Code Regs. Tit. 16, § 1399.159.01
1. New section filed 3-29-2006; operative 4-28-2006 (Register 2006, No. 13).
2. Change without regulatory effect amending subsections (a) and (d)-(f) filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44). Note: Authority cited: Sections 125.9, 148 and 2531.95, Business and Professions Code. Reference: Sections 125.9, 148 and 149 Business and Professions Code.
1. New section filed 3-29-2006; operative 4-28-2006 (Register 2006, No. 13).
2. Change without regulatory effect amending subsections (a) and (d)-(f) filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).