California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.5 - Registered Dispensing Opticians of the California State Board of Optometry
Article 7 - Enforcement
Section 1399.277 - Compliance with Orders of Abatement

Universal Citation: 16 CA Code of Regs 1399.277

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) If a cited optician who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond his or her control after the exercise of reasonable diligence, the person cited may request an extension of time from the chief of licensing in which to complete the correction. Such a request shall be in writing and shall be made within the time set forth for abatement.

(b) When an order of abatement is not contested or if the order is appealed and the optician cited does not prevail, failure to abate the violation charged within the time allowed shall constitute a violation and failure to comply with the order of abatement. An order of abatement shall either be personally served or mailed by certified mail, return receipt requested. The time allowed for the abatement of a violation shall begin the first day after the order of abatement has been served or received. Such failure may result in disciplinary action being taken by the division or other appropriate judicial relief being taken against the optician cited.

1. New section filed 6-12-89; operative 7-12-89 (Register 89, No. 25).
2. Change without regulatory effect amending subsection (a) and NOTE filed 2-26-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 9).

Note: Authority cited: Sections 125.9 and 2558, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.

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