Section 810.6 - Contest of Citations(a) A cited permittee who desires a hearing to contest the finding of the violation or the order of abatement or fine assessment may request the hearing by written notice to the Department within 30 days of the date of issuance of the citation or assessment. This hearing will be conducted in accordance with Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(b) In addition to requesting a hearing, the permittee cited may, within ten days after service of the citation, notify the Program Manager in writing of their request for an informal conference with the Program Manager regarding the acts charged in the citation. The time allowed for the request shall begin the first day after the citation has been served.(c) The Program Manager shall, within 30 days from receipt of a request for an informal conference, hold an informal conference with the permittee cited and with or without the permittee's legal counsel or authorized representative. At the conclusion of the informal conference, the Program Manager may affirm, modify, or dismiss the citation, including any administrative fine levied or order of abatement issued. The Program Manager shall state in writing the reasons for their action and serve or mail a copy of their findings and decision to the permittee cited within ten days from the date of the informal conference. The decision shall be deemed to be a final order with regard to the citation issued, including the administrative fine levied and the order of abatement.(d) The permittee cited does not waive their request for a hearing to contest a citation by requesting an informal conference after which the citation is affirmed by the Program Manager. 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dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn.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any administrative fine levied or order of abatement, is modified, the originally issued citation shall be considered withdrawn and a new citation issued. If a hearing is requested for the subsequent citation, it shall be requested within 30 days in accordance with subsection (a).Cal. Code Regs. Tit. 11, § 810.6
1. New section filed 8-28-2006; operative 9-27-2006 (Register 2006, No. 35).
2. Change without regulatory effect amending section filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50). Note: Authority cited: Sections 11102 and 11106.7, Health and Safety Code. Reference: Section 11106.7, Health and Safety Code.
1. New section filed 8-28-2006; operative 9-27-2006 (Register 2006, No. 35).
2. Change without regulatory effect amending section filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).