Section 3394.45 - Contested Citations and Request for a Hearing or Informal Citation Conference for Unlicensed Activity(a) In addition to requesting an administrative hearing as provided in subdivision (b)(4) of Section 125.9 of Business and Professions Code, the person cited pursuant to section 3394.40 may request an informal conference to review the acts charged in the citation. A request for an informal conference shall be made in writing, within ten (10) days after service of the citation, to the Bureau chief or their designee.(b) The Bureau chief or their designee shall hold, within sixty (60) days from the receipt of the request, an informal conference with the cited person. At the conclusion of the informal conference, the Bureau chief or their designee may affirm, modify or dismiss the citation, including any fine levied, order of abatement or order of correction issued. The Bureau chief or their designee shall state in writing the reasons for his or her action and transmit within fifteen (15) days a copy of his or her findings and decision to the cited person. Unless an administrative hearing as provided for in subdivision (b)(4) of Section 125.9 of Business and Professions Code was requested in a timely manner, an informal conference decision which affirms the citation shall be deemed to be a final order with regard to the citation issued, including the fine levied and the order of abatement.(c) If the citation, including any fine levied or order of abatement or correction, is modified, the citation originally issued shall be considered withdrawn and a new citation issued. If the cited person desires a hearing to contest the new citation, he or she shall make a request in writing, within ten (10) days of receipt of the informal conference decision, to the Bureau chief or their designee. The hearing shall be conducted as provided for in subdivision (b)(4) of Section 125.9 of Business and Professions Code. A cited person may not request an informal conference for a citation which has been modified following an informal conference.Cal. Code Regs. Tit. 16, § 3394.45
1. New section filed 9-27-2011; operative 10-27-2011 (Register 2011, No. 39).
2. Amendment of section heading and section filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22). Note: Authority cited: Section 9882, Business and Professions Code. Reference: Sections 125.9, 148, 149 and 302(d), Business and Professions Code.
1. New section filed 9-27-2011; operative 10-27-2011 (Register 2011, No. 39).
2. Amendment of section heading and section filed 5-31-2023; operative 7/1/2023 (Register 2023, No. 22).