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 4035 - Contest of Citations
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) In addition to requesting a hearing provided for in Section 125.9 of the Code, the cited business or registrant may, within 30 days after service of the citation, notify the director or her or his designee in writing of her or his request for an informal citation review conference with the Bureau chief regarding the acts charged in the citation. The time allowed for the request shall begin the first day after the citation has been served or received.
(b) The director or her or his designee shall hold, within thirty (30) days from the receipt of the request, an informal citation review conference with the business or registrant cited and/or her or his legal counsel or authorized representative.
(c) At the conclusion of the informal citation review conference, the director or her or his designee may affirm, modify, or dismiss the citation, including any fine assessed or order of abatement issued. The director or her or his designee shall state in writing the reasons for her or his action and serve, as provided in subsection (e) of Section 4031 and subsection (f) of Section 4033, a copy of her or his findings and decision to the business or registrant cited within fifteen (15) business days from the date of the informal citation review conference. This decision shall be deemed to be a final order with regard to the citation issued, including the fine assessed and the order of abatement. The cited business or registrant is not entitled to another informal citation review conference.
(d) The cited business or registrant does not waive her or his request for a formal hearing to contest a citation by requesting an informal citation review conference after which the citation is affirmed by the director or her or his designee. If the citation is dismissed after the informal citation review conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn. If the citation, including any fine assessed or order of abatement, is modified, the citation originally issued shall be considered withdrawn and a new citation issued.
(e) If a cited business or registrant wishes to contest an affirmed or modified citation, the cited business or registrant shall, within 30 days after service of the citation, contest the affirmed or modified citation by submitting a written request for an administrative hearing, as provided for in subdivision (b)(4) of Section 125.9 of the Code, to the director or her or his designee. An informal citation conference shall not be held on affirmed or modified citations.
1. Certificate of Compliance as to 3-19-2001 order, including renumbering of former section 4034 to section 4035, 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.
