Cal. Code Regs. tit. 17 § 60075.12

Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 60075.12 - Issuance and Service of Citations
(a) The citing party may issue a citation to any person for Class I violations as defined in section 60075.11.
(b) A "Citation" shall include the following information:
(1) The names of the alleged citees;
(2) The code section, rule or regulation that has allegedly been violated;
(3) A concise, but reasonably specific statement of the facts that support issuance of each alleged violation;
(4) A proposed penalty for the alleged violations that is to be assessed against the citee as authorized by applicable law;
(5) Reference to these procedures, notice that the procedures are available from the ARB hearing office (the address and phone number of which shall be set forth), and notice that Chapter 5 (commencing with section 11500) of the Government Code is not applicable to these proceedings;
(6) Written notice to citee that he or she:
(A) May respond to the allegations of the citation and request a hearing. It shall also inform the citee of the consequences of failing to respond by the applicable deadline;
(B) Has the right to represent him or herself or to retain a representative, who is not required to be an attorney, at one's own expense; and
(C) If necessary, has the right to an interpreter.
(7) The address of the office issuing the citation; the address to which payment of the proposed penalty may be sent; and the address where a request for a hearing may be filed if a citee so elects.
(8) A citation shall be served on the named citee by either personal or other form of service consistent with Code of Civil Procedure sections 415 through 417 or by certified mail, restricted delivery.

Cal. Code Regs. Tit. 17, § 60075.12

1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. Renumbering of former section 60075.12 to section 60075.19 and new section 60075.12 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of subsections (a) and (b)(7), new subsection (b)(8) and amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).

Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code.

1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. Renumbering of former section 60075.12 to section 60075.19 and new section 60075.12 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of subsections (a) and (b)(7), new subsection (b)(8) and amendment of Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).