Cal. Code Regs. tit. 25 § 1752

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 1752 - Request for Informal Conference
(a) The following informal conference process shall be available to a cited person who is required to respond to a notice of violation ordering abatement or correction of a violation of this chapter, the Health and Safety Code, or any other applicable provision of law and shall be initiated solely at the discretion of the person addressed in the notice of violation if he or she desires to appeal or seek clarification of the notice of violation.
(b) The use of the informal conference process shall be limited to the dispute of one or more of the following issues contained in a notice of violation:
(1) The existence of one or more alleged violations,
(2) The alleged failure to correct the violations in the required time frame, and
(3) The reasonableness of the time frame within which the violations shall be corrected.
(c) If a person is in receipt of a notice of violation and chooses to request an informal conference with a representative of the enforcement agency,
(1) the person shall make a written request to the enforcement agency for an informal conference, and
(2) the person shall ensure that the enforcement agency receives the written request within ten (10) working days of the notice of violation.
(d) The written request for an informal conference shall provide the following information:
(1) The name, address, and telephone number of the person requesting the informal conference, and
(2) A brief description of the issues disputed.
(e) Within seven (7) working days of the receipt of a written request for an informal conference, the enforcement agency shall contact the person who submitted the request and shall schedule an informal conference for the earliest possible, mutually convenient time and place. The informal conference shall occur during the normal working hours and shall be held no later than twenty-one (21) working days after the enforcement agency's receipt of the written request. "Normal working hours" are from 8:00 a.m. to 5:00 p.m. on Monday through Friday, excluding holidays.
(f) The enforcement agency shall deny a request for an informal conference only if one (1) or more of the following conditions apply:
(1) The issues identified for dispute in the written request do not include at least one (1) of the issues specified in subsection (b), or
(2) The person requesting the informal conference is not available to meet with the representative of the enforcement agency within the twenty-one (21) day time period and the enforcement agency determines that good cause does not exist to postpone the informal conference.

Cal. Code Regs. Tit. 25, § 1752

1. New section filed 4-17-95; operative 5-17-95 (Register 95, No. 16).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
3. Amendment of subsection (a) filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4).
4. Amendment of subsections (a), (e) and (f)(2) and amendment of NOTE filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7).

Note: Authority cited: Sections 18300 and 18421, Health and Safety Code. Reference: Sections 18402, 18403, 18420 and 18421, Health and Safety Code.

1. New section filed 4-17-95; operative 5-17-95 (Register 95, No. 16).
2. Amendment filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
3. Amendment of subsection (a) filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4).
4. Amendment of subsections (a), (e) and (f)(2) and amendment of Note filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7).