Section 75040 - Appeal of Citations; Informal Conference(a) Pursuant to section 94936(c)(2) of the Code, a cited institution or person may, within 30 days of service of the citation, request a hearing in writing to the Bureau, or it is waived. In addition to contesting a citation by requesting a hearing, the cited institution or person may, within the same 30 days, submit a written request to the Bureau for an informal conference.(b) The Bureau Chief, or his or her designee, or the Director, or his or her designee, shall within 30 days from the Bureau's receipt of a written request for an informal conference, hold an informal conference with the cited institution or person. The 30-day period may be extended by the Bureau Chief or the Director for good cause. The informal conference may be by telephone.(c) Following the informal conference, the Bureau Chief, or his or her designee, or the Director, or his or her designee, will affirm, modify, or dismiss the citation, including any fine assessed and/or order of abatement issued. A written order affirming, modifying, or dismissing the original citation shall be served on the cited institution or person within 30 days from the informal conference. If the order affirms or modifies the original citation, said order shall fix a reasonable period of time for abatement of the violation and/or payment of the fine of not more than 30 days.(d) If the informal conference results in the modification of the findings of violation(s), the amount of the fine and/or the order of abatement, the citation shall be considered modified, but not withdrawn. Unless waived, a cited institution or person is entitled to a hearing to contest the modified citation if the institution or person filed a timely request, but is not entitled to an informal conference to contest an affirmed or modified citation. If a timely request for a hearing was not filed, the decision on the affirmed or modified citation shall be considered final.(e) If the citation is dismissed after the informal conference, the request for a hearing, if any, shall be deemed withdrawn.(f) Submission of a written request for a hearing pursuant to section 94936(c)(2) of the Code, or an informal conference as provided in subsection (a), or both, stays the time period in which to pay the fine.(g) If a written request for a hearing pursuant to section 94936(c)(2) of the Code, or for an informal conference as provided in subsection (a), or both, is not submitted to the Bureau within 30 days from service of the citation, the cited institution or person is deemed to have waived the right to an informal conference and/or administrative hearing.Cal. Code Regs. Tit. 5, § 75040
1. New section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38). Note: Authority cited: Sections 94877 and 94936, Education Code. Reference: Sections 94936 and 94944, Education Code.
1. New section filed 9-19-2011; operative 10-19-2011 (Register 2011, No. 38).