§ 1756. Request for Hearing: Appeal of Decision Rendered in Informal Conference.
25 CA ADC § 1756Barclays Official California Code of Regulations
25 CCR § 1756
§ 1756. Request for Hearing: Appeal of Decision Rendered in Informal Conference.
(a) Any park owner or operator, cited person, or any registered owner of a unit, who has received a notice of violation ordering abatement or correction of a violation of this chapter, the Health and Safety Code, or any other applicable provision of law from the enforcement agency has the right to request a hearing on the matter before an authorized representative of the enforcement agency or that person's designee, after a decision is rendered in an informal conference or the agency has denied the request for an informal conference.
(3) within ten (10) working days of the enforcement agency's issuance of a notice of intent to suspend a permit to operate, issued pursuant to section 18511 of the Health and Safety Code. An informal conference is not a condition precedent to a request for a hearing on a notice of intent to suspend the permit to operate and the request shall not be denied for failure to have an informal conference as referenced in Section 1756 subdivision (a), or
(4) within ten (10) working days of the written notice of refusal of the application for a permit to install an earthquake resistance bracing system pursuant to section 1377. An informal conference is not a condition precedent to a request for a hearing for refusal of the application for a permit to install an earthquake resistant bracing system and the request shall not be denied for failure to have an informal conference as referenced in Section 1756 subdivision (a).
(d) Upon receipt of a request for a hearing from the cited person or entity, the enforcement agency shall set a time and place for the hearing, shall provide the appellant with written notice of the scheduled time and place of the hearing, and shall provide a statement of the agency's selection of the informal hearing procedures to be applied at the hearing. The enforcement agency shall include a copy of the agency's informal hearing procedures, as required pursuant to Government Code sections 11425.10 and 11445.30.
(e) In the event that a cited violation constitutes an imminent hazard representing an immediate risk to life, health and safety of persons or property which requires immediate correction, a hearing shall not be permitted and a request for a hearing shall not extend the time for the correction of the violation.
(f) Upon receipt of the request for hearing from the cited person or entity, the enforcement agency shall not initiate any judicial or administrative action related to the defect or defects appealed until after the hearing. However, if the defect or defects cited become an imminent hazard representing an immediate risk to life, health, and safety of persons or property which require immediate correction, the enforcement agency may cancel the hearing, demand immediate abatement or correction, and initiate any appropriate judicial or administrative action related to the defect or defects.
Credits
Note: Authority cited: Sections 18300, 18421 and 18605, Health and Safety Code. Reference: Sections 18402, 18403, 18420, 18421 and 18605, Health and Safety Code.
History
1. New section filed 4-17-95; operative 5-17-95 (Register 95, No. 16).
2. Amendment of section and Note filed 7-6-2004; operative 7-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).
3. Amendment of subsections (a) and (b)(1)-(2) filed 1-21-2009; operative 1-21-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 4).
4. Amendment of section heading, section and Note filed 2-18-2011; operative 2-18-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 7).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 25, § 1756, 25 CA ADC § 1756
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