Section 3170.3 - Contest of Citations(a) Any person served with a citation may contest the citation by appeal to the Board within thirty (30) days of service of the citation. Appeals shall be conducted pursuant to Government Code Section 11500 et seq.(b) In addition to requesting a hearing before an administrative law judge, the person cited may, within ten (10) days after service of the citation, notify the Executive Officer in writing of his or her request for an informal conference with the Executive Officer or a committee of the board regarding the acts charged in the citation. At the time of requesting an informal conference, the person shall inform a the Executive Officer whether he or she shall be represented at the informal conference by legal counsel. Failure to notify the Executive Officer of legal representation shall not result in forfeiture of the right to have legal counsel present. Unless the request for an informal hearing is made within the 10-day period, the applicant's right to an informal hearing is deemed waived.(c) A committee of the board or the Executive Officer shall, within 30 working days from receipt of the request, hold a informal conference with the person cited and/or his or her legal counsel or authorized representative. At the conclusion of the informal conference a committee of the board or the Executive Officer may affirm, modify or dismiss the citation, including any administrative fine levied or order of abatement issued. The committee of the board or the Executive Officer shall state in writing the reasons for his or her action and serve or mail, as provided in subsection (f) of section 3170.1, a copy of his or her findings and decision to the person cited within ten (10) working days from the date of the informal conference. The decision shall be deemed to be a final order.(d) The person cited does not waive his or her request for a hearing to contest a citation by requesting an informal conference after which the citation is affirmed by a committee of the board or 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dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn.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, including any administrative fine levied or order of abatement, is modified or affirmed, the citation originally issued shall be considered withdrawn and a new citation, which shall not be subject to informal conference, shall be issued within two working days of the informal conference decision. The new citation shall be served in accordance with section 3170.1(f). If a hearing is requested for the subsequent citation, it shall be requested within 30 calendar days in accordance with subsection (b)(4) of Section 125.9 of the Business and Professions Code.Cal. Code Regs. Tit. 16, § 3170.3
1. New section filed 1-30-97; operative 3-1-97 (Register 97, No. 5).
2. Change without regulatory effect amending subsections (c) and (d) filed 7-16-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 29). Note: Authority cited: Sections 125.9 and 3917, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.
1. New section filed 1-30-97; operative 3-1-97 (Register 97, No. 5).
2. Change without regulatory effect amending subsections (c) and (d) filed 7-16-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 29).