§ 1029.120. Notice of Defense.

“Notice of Defense” means a writing signed by or on behalf of the person, entity or laboratory, stating the mailing address of the person, entity, or laboratory, and may:

(a) Request a hearing.

(b) Object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed.

(c) Object to the form of the accusation on the ground that it is so indefinite or uncertain that the person, entity, or laboratory cannot identify the transaction or prepare a defense.

(d) Admit the accusation in whole or in part.

(e) Present new matter by way of defense.

(f) Object to the accusation upon the ground that, under the circumstances, compliance with the requirements of a regulation would result in material violation of another regulation enacted by another department affecting substantive rights.

HISTORY

1. New section filed 8-28-97 as an emergency; operative 8-28-97 (Register 97, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-97 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 8-28-98 order transmitted to OAL 12-24-97 and filed 2-9-98 (Register 98, No. 7).

Note

Note: Authority cited: Section 1224, Business and Professions Code; and Section 100275, Health and Safety Code. Reference: Sections 1265, 1267, 1320, 1322 and 1326, Business and Professions Code; Sections 11503 and 11504, Government Code; and Section 14123, Welfare and Institutions Code.