California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 5 - Board for Professional Engineers and Land Surveyors
Article 4 - Miscellaneous
Section 472.2 - Appeal of Citations
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Any person served with a citation issued pursuant to Section 472 may appeal the citation by submitting a written request for a hearing to the Board within 30 calendar days of the date of issuance of the citation. Such hearings shall be conducted pursuant to the Administrative Procedure Act, Chapters 4.5 and 5, commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) In addition to requesting a hearing as described in subsection (a), the cited person may, within 30 calendar days of the date of issuance of the citation, submit a written request for an informal conference with the Executive Officer.
(c) The Executive Officer may, within 30 working days from receipt of a written request for an informal conference as provided in subsection (b), hold an informal conference with the cited person and/or his or her legal counsel or authorized representative. The 30-day period may be extended by the Executive Officer for good cause. Following the informal conference, the Executive Officer shall affirm, modify, or dismiss the citation, including any administrative fine assessed or order of abatement issued. An order affirming, modifying, or dismissing the original citation shall be served on the cited person within 30 calendar days from the informal conference. Said 30-day period may be extended by the Executive Officer for good cause. Said order shall state in writing the reasons for the affirmation, modification, or dismissal of the original citation. If the order affirms or modifies the original citation, said order shall fix a reasonable period of time for abatement of the violation or payment of the fine. Service of this order shall be made as provided in Section 472. This order shall be considered the conclusion of the informal conference proceedings.
(d) If the citation is affirmed or modified following the informal conference, the cited person may request a hearing as provided in subsection (a) within 30 calendar days from service of the order described in subsection (c). The cited person shall not be permitted to request another informal conference.
(e) If the citation is dismissed after the informal conference, the request for a hearing, if any, shall be deemed to be withdrawn.
(f) Submittal of a written request for a hearing as provided in subsection (a), an informal conference as provided in subsection (b), or both stays the time period in which to abate the violation and/or pay the fine.
(g) If the written request for a hearing as provided in subsection (a) or an informal conference as provided in subsection (b) or both is not submitted within 30 calendar days from the date of issuance of the citation, the cited person is deemed to have waived his or her right to a hearing or an informal conference.
1. New section
filed 8-16-95; operative 9-15-95 (Register 95, No. 33).
2. Amendment
of section and NOTE filed 12-23-99; operative 1-1-2000 pursuant to Government
Code section
11343.4(d)
(Register 99, No. 52).
3. Amendment of subsections (a)-(c) and (g)
and amendment of NOTE filed 3-14-2017; operative 7-1-2017 (Register 2017, No.
11).
Note: Authority cited: Sections 125.9, 148, 149, 6716 and 8710, Business and Professions Code. Reference: Sections 125.9, 148 and 149, Business and Professions Code.
