California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 23 - Cemetery and Funeral Bureau
Article 7.5 - Citation and Fines
Section 2382 - Issuance of Citations and Fines
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The bureau chief, or his or her designee, is authorized to issue citations containing orders of abatement and assessing administrative fines to a licensee or registrant for any violation of the statutes and regulations enforced by the Cemetery and Funeral Bureau including Part 1 (commencing with section 8100), Part 3 (commencing with section 8250), and Part 5 (commencing with section 9501) of Division 8 of the Health and Safety Code.
(b) Each citation shall be in writing and shall describe with particularity the nature and facts of the violation, including reference to the statute or regulation alleged to have been violated. Each citation shall contain a statement informing the cited person or entity of the right to contest the citation and to request a hearing pursuant to subdivision (b)(4) of Business and Professions Code section 125.9, and section 2386 of this article. Each citation may contain an assessment of an administrative fine, an order of abatement fixing a reasonable period of time for abatement of the violation, or both an administrative fine and an order of abatement. Each citation shall be served in accordance with the provisions of section 11505(c) of the Government Code.
(c) The amount of any fine to be levied by the bureau chief, or his or her designee, shall take into consideration the factors listed in section 2384 of this article. In no case shall the total exceed five thousand dollars ($5,000) for each inspection or each investigation made with respect to the violation.
(d) If a hearing is not requested pursuant to subdivision (b)(4) of Business and Professions Code section 125.9, and section 2386 of this article, payment of any fine shall not constitute an admission of the violation charged.
1. New article
7.5 and section filed 5-25-93; operative 6-24-93 (Register 93, No.
22).
2. Amendment of section and NOTE filed 10-2-96; operative
11-1-96 (Register 96, No. 40).
3. Change without regulatory effect
amending section and NOTE filed 10-17-2011 pursuant to section
100, title 1, California Code of
Regulations (Register 2011, No. 42).
4. Amendment of section and
NOTE filed 11-24-2015; operative 1-1-2016 (Register 2015, No.
48).
Note: Authority cited: Sections 125.9, 9630, 9631 and 9658, Business and Professions Code. Reference: Sections 125.9 and 9658, Business and Professions Code.
