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§ 72713. Citation Review Conference.


Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 5. Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 3. Skilled Nursing Facilities
Article 7. Violations and Civil Penalties (Refs & Annos)
22 CCR § 72713
§ 72713. Citation Review Conference.
(a) At a citation review conference:
(1) The licensee shall have the right to be represented by legal counsel, or a person of the licensee's choosing, to present oral or written information on the licensee's behalf, and to explain any mitigating circumstances.
(2) The representatives of the Department who issued the citation should attend the conference and present information, oral or written, in substantiation of the alleged violation.
(3) The conference shall be an informal proceeding, and shall not be conducted in the manner of a judicial hearing or as a hearing under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and need not be conducted according to technical rules relating to evidence and witnesses.
(4) Neither the licensee nor the Department shall have the right to subpoena any witness to attend the conference, to record testimony at the conferences, nor to formally cross-examine any person testifying at the conference. However, the licensee and the Department may present any witness on its behalf at the conference.
Note: Authority cited: Sections 208(a) and 1275, Health and Safety Code. Reference: Sections 1276 and 1428, Health and Safety Code.
This database is current through 11/13/20 Register 2020, No. 46
22 CCR § 72713, 22 CA ADC § 72713
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