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§ 2630. Issuance of Citations.

16 CA ADC § 2630Barclays Official California Code of RegulationsEffective: April 1, 2023

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 26. Landscape Architects Technical Committee (Refs & Annos)
Article 1. General Provisions
Effective: April 1, 2023
16 CCR § 2630
§ 2630. Issuance of Citations.
(a) The Board's executive officer is authorized to issue citations containing orders of abatement and/or administrative fines pursuant to Sections 125.9, 148 or 149 of the Code against landscape architects or unlicensed persons who have committed any acts or omissions which are in violation of the Landscape Architects Practice Act or any regulation adopted pursuant thereto.
(b) Each citation:
(1) shall be in writing;
(2) shall describe with particularity the nature and facts of the violation, including specific reference to the provision or provisions of law alleged to have been violated;
(3) may contain one or more of the following:
(A) an assessment of an administrative fine;
(B) an order of abatement fixing a reasonable period of time for abatement of the violation;
(4) shall be served on the cited individual, in person, or at the address of record on file with the Board, or the last known address, by certified and regular mail with return receipt requested;
(5) shall inform the cited person that, if he or she desires an informal conference to contest the finding of a violation, the informal conference shall be requested by written notice to the Board within 30 calendar days from the service of the citation;
(6) shall inform the cited person that, if he or she desires a hearing to contest the finding of a violation, the hearing shall be requested by written notice to the Board within 30 calendar days from service of the citation;
(7) shall inform the licensed 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. If a citation is not contested and the fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without the payment of the renewal fee and fine;
(8) shall inform the unlicensed 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 the executive officer applying to the appropriate superior court for a judgement in the amount of the fine.
(c) The sanction authorized under this Section shall be separate from, and in addition to, any civil or criminal remedies.

Credits

Note: Authority cited: Sections 12.5, 125.9, 148, 5526 and 5630, Business and Professions Code. Reference: Sections 125.9, 148 and 149, Business and Professions Code.
History
1. New Article 4 (Section 2630) filed 12-3-86; designated effective 1-1-87 (Register 86, No. 49). For history of former section, see Register 84, No. 44.
2. Repealer and new section heading and section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
3. Change without regulatory effect amending section filed 5-5-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 19).
4. Amendment of section and Note filed 6-5-2006; operative 7-5-2006 (Register 2006, No. 23).
5. Amendment of subsections (a) and (b)(7)-(8), redesignation of former subsection (b)(8)(A) as new subsection (c) and amendment of Note filed 2-8-2023; operative 4-1-2023 (Register 2023, No. 6).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 2630, 16 CA ADC § 2630
End of Document