California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 38 - Department of Consumer Affairs
Chapter 6 - Telephone Medical Advice
Article 4 - Disciplinary Proceedings
Section 4034 - Compliance with Citation/Order of Abatement

Universal Citation: 16 CA Code of Regs 4034

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

(a) Orders of abatement may be extended for good cause. If a cited business or registrant 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 her or his control after the exercise of reasonable diligence, then she or he may request from the director or her or his designee an extension of time within which to complete the correction. Such a request shall be in writing and shall be made within the time set forth for abatement.

(b) If a citation is not contested, or if the citation is appealed and the business or registrant cited does not prevail, failure to abate the violation or to pay the assessed fine within the time allowed shall constitute a violation and a failure to comply with the citation or order of abatement.

(c) Failure to timely comply with an order of abatement or pay an assessed fine may result in disciplinary action being taken by the Bureau or other appropriate judicial relief being taken against the business or registrant cited.

(d) If a registrant's fine is not paid after a citation has become final, the fine shall be added to the cited registrant's renewal fee. A registration shall not be renewed without payment of the renewal fee, fine, and any other mandated fees.

(e) Failure to pay a fine by an unregistered business is grounds for denial of the application for registration.

1. New section filed 9-21-2000 as an emergency; operative 9-21-2000. Pursuant to Business and Professions Code section 4999.9, a Certificate of Compliance must be transmitted to OAL by 3-20-2001 or emergency language will be repealed by operation of law on the following day. Submitted to OAL for printing only (Register 2000, No. 38).
2. Editorial correction of HISTORY 1 (Register 2001, No. 10).
3. New section refiled 3-19-2001 as an emergency; operative 3-19-2001 (Register 2001, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-19-2001 order, including renumbering of section 4034 to section 4035 and renumbering and amendment of former section 4033 to section 4034, transmitted to OAL 7-16-2001 and filed 8-24-2001 (Register 2001, No. 34).

Note: Authority cited: Sections 125.9 and 4999.6, Business and Professions Code. Reference: Sections 125.9, 4999.2 and 4999.3, Business and Professions Code.

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