Cal. Code Regs. tit. 16 § 1244

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1244 - Appeal of Citation

(a) Any person or entity served with a citation pursuant to this article and Section 125.9 and 125.95 of the Business and Professions Code may contest the citation by filing with the bureau, within thirty (30) days of the date of issuance of the citation, a written request for a hearing. All hearings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The cited person or entity may contest any or all of the following aspects of the citation:

(1) The occurrence of a violation of the Funeral Directors and Embalmers Law or of a regulation adopted by the bureau.

(2) The reasonableness of the order of abatement, if an order of abatement is included in the citation.

(3) The reasonableness of the period of time allowed for correction in an order of abatement, if an order of abatement is included in the citation.

(4) The amount of the fine, if a fine is included in the citation.

(b) Failure of a cited person or entity to appear at the time and location of the requested hearing shall be deemed a withdrawal of his, her or its appeal, and the citation shall constitute a final order of the bureau and shall not be subject to appeal or review.

Cal. Code Regs. Tit. 16, § 1244

1. New section filed 11-13-92; operative 12-14-92 (Register 92, No. 46). For prior history, see Register 86, No. 27.
2. Change without regulatory effect amending subsections (a)-(a)(1) and (b) filed 9-22-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 38).

Note: Authority cited: Sections 125.9, 125.95, 7606 and 7740, Business and Professions Code. Reference: Sections 125.9 and 125.95, Business and Professions Code.