Section 2756 - Request for Hearing: Appeal of Decision Rendered in Informal Conference(a) Any park owner or operator, cited person, or any registered owner of a unit, who has received 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, from the enforcement agency has the right to request a hearing on the matter before an authorized representative of the enforcement agency or that person's designee, after a decision is rendered in an informal conference or the agency has denied the request for an informal conference.(b) The person requesting the hearing shall submit a written hearing request to the enforcement agency: (1) within ten (10) working days of the date of the denial of a request for an informal conference, or(2) within ten (10) working days of the date of the enforcement agency's written determination, following an informal conference, if the issues contained in the notice of violation and the request for hearing were disputed at an informal conference, or(3) within ten (10) working days of the enforcement agency's issuance of a notice of intent to suspend a permit to operate, issued pursuant to section 18870.12 of the Health and Safety Code. An informal conference is not a condition precedent to a request for a hearing on a notice of intent to suspend the permit to operate and the request shall not be denied for failure to have an informal conference as referenced in Section 2756 subdivision (a).(c) The written hearing request shall: (1) provide the name, address, and phone number of the appellant,(2) provide the appellant reasons for requesting a hearing,(3) summarize each issue to be disputed at the hearing, and(4) state the remedy the appellant is seeking.(d) Upon receipt of a request for a hearing from the cited person or entity, the enforcement agency shall set a time and place for the hearing, shall provide the appellant with written notice of the scheduled time and place of the hearing, and shall provide a statement of the agency's selection of the informal hearing procedures to be applied at the hearing. The enforcement agency shall include a copy of the agency's informal hearing procedures, as required pursuant to Government Code sections 11425.10 and 11445.30. (1) The enforcement agency shall provide the time and place of the hearing in a written notice to the appellant within fifteen (15) working days of receipt of the request.(2) The hearing shall commence within fifteen (15) working days of the date of the written notice of the scheduled hearing sent by the enforcement agency.(3) The appellant shall have the right to apply to the enforcement agency for the postponement of the date of the hearing for a reasonable amount of time. The appellant shall provide a good-cause reason for the request.(4) The enforcement agency shall grant a request for postponement if it determines that the appellant has good-cause reason for the postponement.(e) In the event that a cited violation constitutes an imminent hazard representing an immediate risk to life, health and safety of persons or property which requires immediate correction, a hearing shall not be permitted and a request for a hearing shall not extend the time for the correction of the violation.(f) Upon receipt of the request for hearing from the cited person or entity, the enforcement agency shall not initiate any judicial or administrative action related to the defect or defects appealed until after the hearing. However, if the defect or defects cited become an imminent hazard representing an immediate risk to life, health, and safety of persons or property which require immediate correction, the enforcement agency may cancel the hearing, demand immediate abatement or correction, and initiate any appropriate judicial or administrative action related to the defect or defects.(g) If the request for hearing is not received within ten (10) days from the date of personal service or acknowledgment of receipt by mail of the notice, the enforcement agency shall have the discretion to continue abatement proceedings.Cal. Code Regs. Tit. 25, § 2756
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
2. Amendment of subsections (a) and (b)(1)-(2) filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4).
3. Amendment of section heading, section and NOTE filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7). Note: Authority cited: Sections 18865, 18868 and 18871.10, Health and Safety Code. Reference: Sections 18866.3, 18866.4, 18867, 18868 and 18871.10, Health and Safety Code.
1. New section filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
2. Amendment of subsections (a) and (b)(1)-(2) filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4).
3. Amendment of section heading, section and Note filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7).