California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 23 - Cemetery and Funeral Bureau
Article 7.5 - Citation and Fines
Section 2388 - Failure to File Annual Report
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Any cemetery authority that does not file the annual report required by section 9650 of the Business and Professions Code within the time prescribed by said Code shall be assessed a fine by the bureau chief, or his or her designee, in the amount of four hundred dollars ($400) per month for a maximum of five (5) months. Failure to pay the fine within fifteen (15) days after receipt of written notification of the assessment or, where a timely request for waiver or reduction of the fine has been filed with the bureau chief, within fifteen (15) days after receipt of written notification of the bureau chief's decision in the matter, shall be cause for disciplinary action.
(b) A cemetery authority may request waiver or reduction of a fine by making a written request to the bureau chief therefore. The request shall be postmarked within the time specified above for payment of the fine and shall be accompanied by a statement showing good cause for the request.
(c) The bureau chief, or his or her designee, may waive or reduce the fine where a timely request is made and where he or she determines, in his or her discretion, that the cemetery authority has made a sufficient showing of good cause for the waiver or reduction.
(d) In addition to requesting a hearing to be held pursuant to Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the person or entity cited may, within ten (10) days after service of the citation, notify the bureau chief in writing of the request for an informal office conference regarding the violations charged in the citation. The time allowed for the request shall begin the first day after the citation has been served. An informal office conference shall be in accordance with the procedures delineated in section 2386.5 of this article.
1. New section
filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
2. Amendment
of subsection (a) filed 6-17-97; operative 7-17-97 (Register 97, No.
25).
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 9650.4, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.
