California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.7 - Acupuncture
Article 6 - Miscellaneous Provisions
Section 1399.468 - Contest of Citations

(a) In addition to requesting a hearing provided for in Section 125.9(b)(4) of the Code, the person cited may, within 10 days after service or receipt of the citation, notify the executive officer in writing of the person's request for an informal conference with the executive officer regarding the acts charged in the citation.

(b) The executive officer shall hold, within 60 days from the receipt of the request, an informal conference with the person cited. At the conclusion of the informal conference, the executive officer may affirm, modify, or dismiss the citation, including any fine levied or order of abatement issued. The executive officer shall state in writing the reasons for the executive officer's action and serve or mail, as provided in subsection (b) of Section 1399.463, a copy of the executive officer's findings and decision to the person cited within 10 days from the date of the informal conference. This decision shall be deemed to be a final order with regard to the citation issued, including the fine levied and the order of abatement.

(c) The person 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 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dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn.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including any fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and a new citation issued.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 Section 125.9(b)(4) of the Code.