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§ 1399.139. Contest of Citations.

16 CA ADC § 1399.139Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 13.3. Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs
Article 6. Enforcement
16 CCR § 1399.139
§ 1399.139. Contest of Citations.
(a) In addition to requesting a hearing provided for in subdivision (b)(4) of section 125.9 of the Code, the person cited may, within ten (10) days after service or receipt of the citation, notify the Executive Officer in writing of his or her request for an informal conference with the Executive Officer regarding the acts charged in the citation. The time allowed for the request shall begin the first day after the citation has been served or received.
(b) The Executive Officer shall hold, within 30 days from the receipt of the request, an informal conference with the person cited or his or her legal counsel or authorized representative. At the conclusion of the informal conference the Executive Officer may affirm, modify or dismiss the citation, including any fine levied or order of abatement issued. The Executive Officer shall state in writing the reasons for his or her action and serve or mail, as provided in subsection (b) of section 1399.137, a copy of his or her findings and decision to the person cited within ten days from the date of the informal conference. This decision shall be deemed to be a final order with regard to the citation issued, including the fine levied and the order of abatement.
(c) The person cited does not waive his or her request for a hearing to contest a citation by requesting an informal conference after which the citation is affirmed by the Executive Officer. If the citation is dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn, If the citation, including any fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and new citation issued. If a hearing is requested for the subsequent citation, it shall be requested within 30 days in accordance with subdivision (b)(4) of section 125.9.

Credits

Note: Authority cited: Sections 125.9, 125.95, and 2531.06, Business and Professions Code. Reference: Sections 125.9 and 125.95, Business and Professions Code.
History
1. New section filed 5-20-91; operative 6-19-91 (Register 91, No. 26).
2. Change without regulatory effect amending section filed 6-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 24).
3. Change without regulatory effect amending section and Note filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1399.139, 16 CA ADC § 1399.139
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