Home Table of Contents

§ 2480. Administrative Citations & Fine.

16 CA ADC § 2480BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 24. Court Reporters Board of California
Article 9. Citations, Fines, and Orders of Abatement
16 CCR § 2480
§ 2480. Administrative Citations & Fine.
(a) The executive officer of the board, upon completion of an investigation, is authorized to issue citations containing orders of abatement and fines for violations by a licensed certified shorthand reporter of the provisions of law and/or regulations referred to in this section.
(b) A citation shall be issued whenever a fine is levied or an order of abatement is issued. Any order of abatement issued shall provide a reasonable period of time for correction of the identified violation and may include, in addition to any other fine imposed, the levy of a fine which shall be imposed only if the licensee fails to comply with the order of abatement within the time prescribed in the citation, provided the total fine for each citation shall not exceed $2500. Each citation shall be in writing and shall describe with particularity the nature and facts of the violation, including a reference to the statute or regulation alleged to have been violated. The citation shall be served upon the licensee personally or by certified mail, return receipt requested.
(c) The amount of the fine to be levied by the executive officer shall take into consideration the factors listed in subdivision (b)(3) of Section 125.9 of the code.
(1) The executive officer may, in his or her discretion, levy a fine not to exceed $2500, and issue an order of abatement of any violation of the code. In determining the amount of the fine the executive officer shall consider the tardiness in producing any transcript and the prejudice caused thereby to any party.
(2) The executive officer may, in his or her discretion, issue an order of abatement without levying a fine for the first violation.
(d) If a cited person who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond his or her control after the exercise of reasonable diligence, the person cited may request an extension of time from the executive officer in which to complete the correction. Such a request shall be in writing and shall be made within the time set forth for abatement.
(e) When an order of abatement is not contested, or if the order is appealed and the person cited does not prevail, failure to abate the violation charged within the time allowed shall constitute a violation and failure to comply with the order of abatement. Where the citation or order of abatement is appealed the period for abatement shall be extended until such time as the appeal is resolved. An order of abatement shall either be personally served or mailed by certified mail, return receipt requested. The time allowed for the abatement of a violation shall begin the first day after the order of abatement has been served. Failure to abate the violation may result in disciplinary action being taken by the board or other appropriate judicial relief being taken against the person cited.
(f) The executive officer of the board is authorized to determine when and against whom a citation will be issued and to issue citations containing orders of abatement and fines against persons, partnerships, corporations or associations who are performing and who have performed services for which licensure is required as a certified shorthand reporter under Division 3, Chapter 13, Article 1 commencing with Section 8000 of the code, but who do not possess a license. Each such citation issued under this subsection shall contain an order of abatement. Where appropriate the executive officer shall levy a fine for such unlicensed activity in accordance with Section 125.9 of the code. The provisions of subsection (b), (d) and (e) of this section shall apply to the issuance of citations for unlicensed activity under this subsection.
(g) The sanctions authorized under this section shall be separate from and in addition to any other administrative, civil or criminal remedies. Nothing in this section shall be deemed to prevent the board from serving and prosecuting an accusation to suspend or revoke a license where grounds for such suspension or revocation exist.
Note: Authority cited: Sections 125.9, 8007 and 8047, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.
HISTORY
1. New section filed 12-12-91; operative 1-13-92 (Register 92, No. 9).
2. Amendment of section and Note filed 6-19-97; operative 7-19-97 (Register 97, No. 25).
This database is current through 5/6/22 Register 2022, No. 18
16 CCR § 2480, 16 CA ADC § 2480
End of Document