California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 5 - Board for Professional Engineers and Land Surveyors
Article 4 - Miscellaneous
Section 473 - Citations of Licensed Persons

Universal Citation: 16 CA Code of Regs 473

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Executive Officer or his or her designee may issue a citation for any violation of any provision of law enforced by the Board to any person who holds a license issued by the Board.

(b) Prior to the issuance of a citation in any case involving allegations of negligence and/or incompetence, as defined in Section 404, in the professional practice, the Executive Officer shall submit the alleged violation for review to at least one licensee of the Board who is competent in the branch of professional engineering or professional land surveying most relevant to the subject matter of the citation. The licensee reviewing the alleged violation shall be either a member of the Board's professional staff, a technical advisory committee member, or an expert consultant. Upon conclusion of the review, the reviewer shall prepare a finding of fact and a recommendation based upon that finding to which the Executive Officer shall give due consideration in determining whether cause exists to issue a citation.

(c) Each citation

(1) shall be in writing;

(2) shall describe with particularity the nature of the violation, including specific reference to the provision or provisions of law determined to have been violated;

(3) 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;

(4) shall be served on the cited person at the address of record on file with the Board personally or by certified mail with return receipt requested;

(5) shall inform the cited person that failure to pay the fine within 30 calendar days of the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the Board and may result in the full amount of the assessed fine being added to the fee for renewal of the license, in which case the license shall not be renewed without the payment of the renewal fee and fine;

(6) shall inform the cited person that, if he or she desires an informal conference to appeal the finding of a violation, the informal conference shall be requested by written notice to the Board within 30 calendar days from the date of issuance of the citation;

(7) shall inform the cited person that, if he or she desires a hearing to appeal the finding of a violation, that hearing shall be requested by written notice to the Board within 30 calendar days from the date of issuance of the citation.

1. New section filed 8-16-95; operative 9-15-95 (Register 95, No. 33).
2. Change without regulatory effect amending section heading, section and NOTE filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).
3. 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).
4. Amendment of subsection (b) filed 8-25-2005; operative 9-24-2005 (Register 2005, No. 34).
5. Amendment of subsections (c)(5)-(7) filed 3-14-2017; operative 7-1-2017 (Register 2017, No. 11).

Note: Authority cited: Sections 125.9, 6716 and 8710, Business and Professions Code. Reference: Sections 125.9, 6775, 6786, 8780 and 8791, Business and Professions Code.

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