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§ 3394.54. Informal Citation Review Conference Panel.

16 CA ADC § 3394.54Barclays 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 § 3394.54
§ 3394.54. Informal Citation Review Conference Panel.
(a) For the purposes of conducting the informal citation review conference and making a recommendation pursuant to section 3394.53, a panel of three representatives (“panel”) shall be appointed by the Bureau chief. The panel shall be composed of one representative each from the Bureau, the public, and the automotive repair industry, which shall render a recommendation by majority vote. The members of the panel shall serve at no expense to the Bureau.
(b) Once a request for informal citation review conference has been received in compliance with section 3394.53, the Bureau shall notify the cited person of the composition of the panel, including the name of each appointed panel member, within 14 days of the date of receipt of the request unless a panel cannot be established as described in this section. If a panel is established pursuant to this section, the cited person may provide a written objection to the appointment of any panel member for any of the reasons set forth in subdivision (e) within 14 days of the date of receipt of the Bureau's panel appointment notice. The objection shall include all of the following: the reason for the objection, copies of all evidence and argument on which the cited person relies when the written objection is filed, and the authorized signature, title, and contact information (telephone, email, or mailing address) of the person submitting the objection on behalf of the cited person, if any.
(c) All evidence and argument regarding the objection shall be considered by the Bureau chief. The Bureau chief shall make the final decision on the composition of the panel before the informal citation review conference is held and shall send written notice of their decision at least 14 days before the date set for the informal citation review conference. There shall be no oral hearing or further administrative review of this decision.
(d) The Bureau chief may establish multiple panels as necessary to carry out the informal citation review conference process within the timeframes specified in section 3394.53. However, if at any time a panel cannot be established to conduct the informal citation review conference for the reasons set forth in subsections (e) or (h), the Bureau chief or their designee shall conduct the conference and the Bureau chief or their designee shall send written notice of: (1) the inability to establish a panel, (2) the factual basis for determining that a panel cannot be established within the timeframes required to hold the informal conference in section 3394.53; and, (3) the informal conference will be held by the Bureau chief or their designee. Such written notice shall be provided at least 14 days before the date set for the informal citation review conference.
(e) A panel member shall be subject to disqualification from participating in any informal citation review conference in which the member cannot accord a fair and impartial decision, including for the following reasons:
(1) for bias, prejudice, or interest in the proceeding as provided by Government Code section 11425.40 or Government Code section 87100;
(2) for receipt of an impermissible ex parte communication as provided in Government Code section 11430.10, the effect of which cannot be eliminated as provided in Government Code section 11430.40;
(3) to maintain the separation of the adjudicative function from the investigative, prosecutorial, and advocacy functions as required by Government Code section 11425.30; or,
(4) for any of the grounds specified in Code of Civil Procedure section 170.1.
(f) A panel member who is subject to disqualification shall voluntarily disqualify themselves from a proceeding. If a panel member is absent or unable to serve before an informal citation review conference is held, another panel member shall be assigned to the panel by the Bureau chief in order to maintain the composition of the panel as provided in this section. If the panel member is unable to participate after an informal citation review conference is held, but before a decision is rendered, the matter shall be reheard with a new panel appointed by the Bureau chief unless the Bureau chief is unable to appoint a new panel as specified in this section.
(g) For the purposes of this section “impermissible ex parte communication” shall include direct or indirect communication between any panel member and/or any party to the proceeding including investigative or prosecutorial staff of the Bureau and/or the cited person's legal counsel and/or authorized representative regarding any pending issue to be decided during the citation review conference without notice and opportunity for all parties to participate in the communication. As used herein, “pending” shall mean between the time the Bureau receives a written request for an informal citation review conference and the time the informal citation review panel affirms, modifies, or dismisses the citation. Communications involving matters not in controversy as specified in Government Code sections 11430.20 and 11430.30 shall not be considered impermissible.
(h) The Bureau chief has discretion to remove any member of the panel for reasons such as absence or unavailability, failure to proceed in the manner required by this article, or for any of the reasons set forth in subdivision (e).
(i) This section shall become operative on July 1, 2023.

Credits

Note: Authority cited: Sections 12.5, 9882 and 9884.7, Business and Professions Code. Reference: Sections 125.9, 148, 9882 and 9884.7, Business and Professions Code; and Sections 11430.10, 11430.20, 11430.30, 11430.40, 11425.30, 11425.40 and 87100, Government Code.
History
1. New section filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 16, § 3394.54, 16 CA ADC § 3394.54
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