§ 1435.5. Contested Citations.

(a) The individual cited may, within 14 calendar days after service of the citation, submit a written request for an informal citation conference with the Executive Officer or his/her designee. The citation decision shall be stayed upon receipt of the written request until a final decision has been issued.

(b) The Executive Officer or his/her designee shall, within 30 calendar days from receipt of the written request, hold an informal citation conference with the individual cited and his/her legal counsel or authorized representative, if desired.

(c) The Executive Officer or his/her designee may affirm, modify or dismiss the citation, including any fine or order of abatement, at the conclusion of the informal citation conference. A written decision, including the reasons for the decision, shall be mailed to the individual and his/her legal counsel, if any, within 14 calendar days from the date of the informal citation conference. If the citation is affirmed or modified, the individual may, within 30 calendar days from the mailing date of the informal citation conference decision, request an administrative hearing. The request for an administrative hearing shall be in writing.

(d) In addition to the appeal rights in (a) through (c) above, the individual may request an administrative hearing provided for in subdivision (b)(4) of Section 125.9 of the Code within 30 days of the date of issuance of the citation or assessment.

HISTORY

1. New section filed 7-12-96; operative 8-11-96 (Register 96, No. 28).

2. Amendment filed 12-16-2002; operative 1-15-2003 (Register 2002, No. 51).

Note

Note: Authority cited: Sections 125.9, 148 and 2715, Business and Professions Code. References: Sections 125.9 and 148, Business and Professions Code.