California Code of Regulations
Title 4 - Business Regulations
Division 6 - Outdoor Advertising, Department of Transportation
Chapter 1 - Outdoor Advertising-General
Section 2241 - Enforcement

Universal Citation: 4 CA Code of Regs 2241

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

(a) The Department of Transportation and the Director or the Director's designee is hereby authorized and directed to enforce the provisions of the Act and these regulations, and are further authorized and directed to revoke a license or a permit and remove a Display for violating any provision of the Act or these regulations.

(b) All hearings provided for in these regulations shall be conducted in accordance with the provisions of Chapter 5, commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code (the "California Administrative Procedures Act"). Any such hearing must be requested by filing a written appeal with the Director (c/o the Office of Outdoor Advertising) within thirty (30) calendar days of the written violation notice, denial, revocation or other determination being appealed. The Director shall thereafter issue a decision, based on finding of fact, affirming, modifying or vacating the denial, revocation or other determination.

(1) The written appeal shall contain the name and company affiliation, if any, address and phone number of the person appealing, the permit or license number, if any, the location of the billboard, with specificity and a statement of the basis for the appeal.

(2) No person shall be entitled to more than one hearing stemming from the same written violation notice, denial, revocation, other determination or set of facts. Hearings will be held in Sacramento, Los Angeles, or San Diego. The Director may agree to hold a hearing at a different locale under extraordinary circumstances.

(3) The failure of a permittee or other person who has appealed to appear at the time and place of the hearing shall be deemed a withdrawal of the appeal, and the written violation notice, denial, revocation or other determination shall constitute a final order of the Director and not be subject to further administrative review.

(4) Nothing herein prevents the Department and affected party or parties from attempting to resolve the dispute informally; however, informal attempts at resolution shall not extend the thirty (30) day period to file an appeal under these regulations.

1. New section filed 6-25-76; effective thirtieth day thereafter (Register 76, No. 26).
2. Amendment of NOTE filed 7-22-77 as procedural and organizational; effective upon filing (Register 77, No. 30).
3. Repealer and new section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
4. Designation of existing section as subsection (a) and new subsections (b)-(b)(4) filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48).

Note: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference: Sections 5250 and 5463, Business and Professions Code; and 23 USC Section 131(r)(2).

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