§ 1142. Contested Citations.
16 CA ADC § 1142Barclays Official California Code of Regulations
16 CCR § 1142
§ 1142. Contested Citations.
(a) The citation shall inform the cited person that if he or she desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the Dental Hygiene Board within 30 calendar days of the date of issuance of the citation. Hearings shall be held pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The Executive Officer or his or her designee shall, within 30 calendar days from receipt of the written request for an informal conference pursuant to subdivision (b) of this section, hold an informal conference with the person cited and or his or her legal counsel or authorized representative, if any, unless continued for good cause.
(d) The Executive Officer or his or her designee may affirm, modify or dismiss the citation at the conclusion of the informal conference. A written decision stating the reasons for the decision shall be mailed to the cited person and his or her legal counsel, if any, within 14 calendar days from the date of the informal conference. This decision shall be deemed to be a final order with regard to the informal conference procedure.
(2) If the citation, including any administrative fine levied or order of abatement, is affirmed, the cited person may, in his or her discretion, withdraw the request for a hearing or proceed with the administrative hearing process as set forth in subdivision (a). An informal citation conference shall not be held on affirmed citations.
(3) If the citation, including any administrative fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and a new citation issued. If a cited person wishes to contest a modified citation, the cited person shall, within 30 calendar days after issuance of the modified citation, contest it by submitting a written request for an administrative hearing, as provided for in subdivision (b)(4) of Section 125.9 of the Code, to the Dental Hygiene Board. An informal citation conference shall not be held on modified citations.
Credits
Note: Authority cited: Section 1906, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.
History
1. New section filed 11-14-2012; operative 12-14-2012 (Register 2012, No. 46).
2. Change without regulatory effect amending subsections (a), (b) and (d)(3) filed 5-10-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 19).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1142, 16 CA ADC § 1142
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