§ 3394.53. Contested Citations; Informal Citation Review Conferences; and Hearings for Automoti...
16 CA ADC § 3394.53Barclays Official California Code of RegulationsEffective: July 1, 2023
Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 33. Bureau of Automotive Repair
Chapter 1. Automotive Repair Dealers and Official Stations and Adjusters
Article 11.3. Administrative Citations and Fines for Automotive Repair Act Violations by Registrants
Effective: July 1, 2023
16 CCR § 3394.53
§ 3394.53. Contested Citations; Informal Citation Review Conferences; and Hearings for Automotive Repair Dealers.
(c) Upon receipt of a written request for an informal citation review conference, the panel specified in Section 3394.54, shall within 90 days of receipt of the request, hold an informal citation review conference with the cited person unless the panel cannot be established by the Bureau chief as specified in section 3394.54. If a panel cannot be established, the informal conference shall be held by the Bureau chief or their designee as specified in section 3394.54. The cited person may be accompanied and represented by legal counsel and/or an authorized representative. The conference shall be limited in scope to the time period, facts, and allegations specified in the citation served by the Bureau.
(d) If the informal citation review conference is conducted by a panel, the panel shall make a recommendation to the Bureau chief or their designee by majority vote whether to affirm, modify, or dismiss the citation, including any fine to be levied, order of abatement, or order of correction issued. The Bureau chief or their designee shall consider the recommendation of the panel in making their decision as set forth in subdivision (f).
(f) If the cited person wishes to contest the decision or the new citation pursuant to Section 125.9 of the Code, the person shall, within 30 days after service of the decision or new citation, contest the decision or the new citation by submitting a written request for an administrative hearing to the Bureau chief or their designee. An informal citation review conference shall not be held on affirmed or modified citations.
Credits
Note: Authority cited: Sections 12.5, 125.9, 148, 9882 and 9884.7, Business and Professions Code. Reference: Sections 10, 125.9, 148, 9882 and 9884.7, Business and Professions Code.
History
1. New section filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 16, § 3394.53, 16 CA ADC § 3394.53
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