§ 2907.3. Appeal of Citation.

(a) The cited person or entity may contest any or all of the following aspects of the citation:

(1) The occurrence of a violation of the Real Estate Law;

(2) Reasonableness of an order of correction;

(3) The period of time allowed for correction;

(4) The amount of an administrative fine assessed in the citation.

(b) Within 30 days after receipt of the citation, the person or entity cited may make a written notification to the Commissioner that the person or entity intends to request a formal hearing on the citation. The Commissioner may extend the 30-day period for a written appeal upon the showing of good cause.

(c) The Commissioner's designee shall hold the citation review conference with the person or entity cited within 60 days from the receipt of the notification of intention to request a formal hearing.

(d) After the citation review conference, the Bureau shall serve notice, in writing to the person or entity cited, regarding whether the citation remains unchanged, or is amended or dismissed. Such notice shall include information enabling the person or entity cited to request a formal hearing on the citation in accordance with subdivision (d) of Section 10080.9 of the Code.

(e) If, within 30 days from the receipt of the post-conference notice, the person or entity fails to request a formal hearing on the citation, the citation and fine shall be deemed final.

(f) The Bureau may seek, pursuant to Section 10106 of the Code, to recover its costs for investigation and enforcement of a citation should the case proceed to formal hearing.

HISTORY

1. New section filed 4-21-2014; operative 7-1-2014 (Register 2014, No. 17).

Note

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10080.9(c), 10080.9(d) and 10106, Business and Professions Code.