§ 3063.3. Appeal of Citations.

(a) Any geologist, geophysicist or certified specialist served with a citation pursuant to Section 3063, may submit a written request for appeal to the executive officer within 30 days of the date of issuance of the citation. The cited person, also, may submit a written request within 30 days of the date of issuance of the citation for an informal conference with the executive officer with respect to violations alleged, abatement periods, amount of fines, and the reasonableness of the action required to abate the violation.

(b) The executive officer shall, within 30 days from receipt of the request, hold an informal conference with the person cited and/or his or her legal counsel or authorized representative. The 30 day period may be extended by the executive officer for good cause. At the conclusion of the informal conference, the executive officer shall either affirm, modify or dismiss the citation, including any administrative fine levied or order of abatement issued. The executive officer shall state in writing the reasons for his or her action and serve a copy of the findings and decision to the cited person within 30 days from the date of the informal conference. Service shall be made by certified mail at the last known business address or residence address of the person cited. The decision shall be deemed to be a final order of the executive officer.

(c) If the geologist, geophysicist or certified specialist cited submits a written request for a hearing to appeal the citation within 30 days of the citation's issuance, the cited person shall be afforded an opportunity for a hearing, as provided for in subsection (b)(4) of section 125.9 of the Business and Professions Code.

(d) The cited person does not waive his or her right to request a hearing to appeal the citation by requesting an informal conference, after which conference the citation is affirmed by the executive officer. If the citation is dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn. If the citation is modified, the citation originally issued shall be considered withdrawn and a new citation issued. If a hearing is requested for the subsequent citation, it shall be requested in writing within 30 days of issuance of the subsequent citation in accordance with subsection (b)(4) of Section 125.9 of the Business and Professions Code.

(e) If, within 30 days of the date of issuance of the citation, the geologist, geophysicist or certified specialist cited has failed to file a written request to appeal the citation with the executive officer, the citation shall be deemed a final order.

HISTORY

1. New section filed 11-22-95; operative 12-22-95 (Register 95, No. 47).

2. Change without regulatory effect amending subsections (a), (b), (d) and (e) filed 6-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 27).

Note

Note: Authority cited: Sections 125.9 and 7818, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.