Section 2386.5 - Informal Office Conference(a) Without waiving the right to contest the citation pursuant to subdivision (b)(4) of Business and Professions Code section 125.9, the cited person or entity may, within ten (10) days after service of the citation, notify the bureau chief in writing of the request for an informal office conference regarding the violations charged in the citation.(b) An informal office conference shall be held with the cited person or entity or his, her or its legal counsel or authorized representative, within thirty (30) days of receipt of the request. After the conclusion of the informal office conference, the citation may be affirmed, modified or dismissed. The cited person or entity shall be notified of the actions taken, in writing, within fifteen (15) days of the conclusion of the conference, stating the reasons for the actions, the findings, and the decision. This written notification shall be served in accordance with the provisions of section 11505(c) of the Government Code. This decision shall be deemed to be a final order with regard to the citation issued, including the fine levied and the order of abatement.(c) The decision following an informal office conference shall affect the cited person or entity's right to a hearing to contest the citation as follows: (1) If a citation is dismissed after an informal office conference, any request for a hearing to contest the matter shall be deemed to be withdrawn.(2) If the citation is affirmed after an informal office conference, the cited person or entity has a right to a hearing to contest the affirmed citation pursuant to subdivision (b)(4) of Business and Professions Code section 125.9.(3) If the citation, including any fine levied or any order of abatement issued, is modified after an informal office conference, the citation originally issued shall be considered withdrawn and a new citation issued, and the cited person or entity has a right to a hearing to contest the newly modified citation in accordance with subdivision (b)(4) of Business and Professions Code section 125.9.(4) No new informal office conference will be granted for an affirmed or newly modified citation, issued after an informal office conference.Cal. Code Regs. Tit. 16, § 2386.5
1. 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 11-24-2015; operative 1/1/2016 (Register 2015, No. 48).