Section 3394.53 - Contested Citations; Informal Citation Review Conferences; and Hearings for Automotive Repair Dealers(a) A cited person may contest the citation by requesting an informal citation review conference or administrative hearing, and obtain a decision on their appeal according to the procedures set forth in subdivisions (b)-(g).(b) The person cited may, within 30 days after service of the citation, contest the citation by submitting a written request for an informal citation review conference to the Bureau chief or their designee.(c) Upon receipt of a written request for an informal citation review conference, the panel specified in Section 3394.54, shall within 90 days of receipt of the request, hold an informal citation review conference with the cited person unless the panel cannot be established by the Bureau chief as specified in section 3394.54. If a panel cannot be established, the informal conference shall be held by the Bureau chief or their designee as specified in section 3394.54. The cited person may be accompanied and represented by legal counsel and/or an authorized representative. The conference shall be limited in scope to the time period, facts, and allegations specified in the citation served by the Bureau.(d) If the informal citation review conference is conducted by a panel, the panel shall make a recommendation to the Bureau chief or their designee by majority vote whether to affirm, modify, or dismiss the citation, including any fine to be levied, order of abatement, or order of correction issued. The Bureau chief or their designee shall consider the recommendation of the panel in making their decision as set forth in subdivision (f).(e) After an informal citation review conference is held, 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.(1) If affirmed or dismissed, the Bureau chief or their designee shall state in writing the reasons for the findings and transmit within ten (10) days a copy of the decision to the cited person and the person's counsel and/or authorized representative, if any.(2) If modified, the citation originally issued shall be considered withdrawn and a new citation issued. The new citation, including reasons for the decision, shall be mailed within ten (10) days to the cited person and the person's counsel and/or authorized representative, if any.(f) If the cited person wishes to contest the decision or the new citation pursuant to Section 125.9 of the Code, the person shall, within 30 days after service of the decision or new citation, contest the decision or the new citation by submitting a written request for an administrative hearing to the Bureau chief or their designee. An informal citation review conference shall not be held on affirmed or modified citations.(g) If the decision or new citation is not contested, then the informal citation review conference decision shall be deemed to be the final order with regard to the citation issued.Cal. Code Regs. Tit. 16, § 3394.53
1. New section filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22). Note: Authority cited: Sections 12.5, 125.9, 148, 9882 and 9884.7, Business and Professions Code. Reference: Sections 10, 125.9, 148, 9882 and 9884.7, Business and Professions Code.
1. New section filed 5-31-2023; operative 7/1/2023 (Register 2023, No. 22).