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§ 2630.2. Appeal of Citations.

16 CA ADC § 2630.2BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 26. Landscape Architects Technical Committee
Article 1. General Provisions (Refs & Annos)
16 CCR § 2630.2
§ 2630.2. Appeal of Citations.
(a) Any person served with a citation issued pursuant to Section 2630 may contest the citation by submitting a written request for a hearing to the Board within 30 calendar days of service 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 service of the citation, submit a written request for an informal conference with the executive officer.
(c) The request for an administrative hearing to contest a citation is not waived if the executive officer affirms the citation at an informal conference.
(d) The executive officer shall, 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. The 30-day period may be extended by the executive officer for good cause. Following the informal conference, the executive officer may 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 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 2630.
(e) If the informal conference results in the modification of the findings of violation(s), the amount of the fine or the order of abatement, the citation shall be considered modified, but not withdrawn. The cited person shall be entitled to an administrative hearing to contest the modified citation if he or she made a request for an administrative hearing within 30 calendar days after service of the original citation. The cited person shall not be entitled to an informal conference to contest a modified citation. If the cited person did not make a timely request for an administrative hearing after service of the original citation, the decision in the modified citation shall be considered a final order.
(f) If the citation is dismissed after the informal conference, the request for a hearing, if any, shall be deemed to be withdrawn.
(g) 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 pay the fine.
(h) If the written request for a hearing as provided in subsection (a), an informal conference as provided in subsection (b), or both, is not submitted within 30 calendar days from service of the citation, the cited person is deemed to have waived his or her right to a hearing or an informal conference.
Note: Authority cited: Sections 125.9, 148 and 5630, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
2. Change without regulatory effect amending subsections (a) and (d) filed 5-5-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 19).
This database is current through 5/6/22 Register 2022, No. 18
16 CCR § 2630.2, 16 CA ADC § 2630.2
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