Section 4250 - Contest of Citations(a) In addition to requesting a hearing, as provided for in subsection (b)(4) of Section 125.9 of the Code, the person cited may, within ten (10) days after service or receipt of the citation, notify the Executive Officer of the Committee or the Committee's designee in writing of his or her request for an informal conference with the Executive Officer of the Committee or the Committee's designee regarding the acts charged in the citation. The time allowed for the request shall begin the first day after the citation has been served or received.(b) The Executive Officer of the Committee or the Committee's designee shall, within thirty (30) days from receipt of the request, hold an informal conference with the person cited and/or his or her legal counsel or authorized representative. At the conclusion of the informal conference, the Executive Officer of the Committee or the Committee's designee may affirm, modify or dismiss the citation, including any administrative fine levied or order of abatement issued. The Executive Officer of the Committee or the Committee's designee shall state in writing the reasons for his or her action and serve or mail, as provided in subdivision (e) of section 4244, a copy of his or her findings and decision to the person cited within fifteen (15) days from the date of the informal conference. The decision shall be deemed to be a final order with regard to the citation issued, including the administrative fine levied and the order of abatement.(c) The person cited does not waive his or her request for a hearing to contest a citation by requesting an informal conference after which the citation is affirmed by the Executive Officer of the Committee or the Committee's designee. If the citation is dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn. If the citation, including any administrative fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and a new citation issued. If a hearing is requested for the subsequent citation, it shall be requested within thirty (30) days in accordance with subsection (b)(4) of Section 125.9 of the Code.(d) A cited person may not request an informal conference for a citation which was modified following an informal conference.Cal. Code Regs. Tit. 16, § 4250
1. New section filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-2005 as an emergency; operative 3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register 2005, No. 33).
4. Change without regulatory effect amending section filed 9-30-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 40). Note: Authority cited: Sections 125.9 and 3622, Business and Professions Code. Reference: Sections 125.9, 148 and 3620, Business and Professions Code.
1. New section filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-2005 as an emergency; operative 3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register 2005, No. 33).
4. Change without regulatory effect amending section filed 9-30-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 40).