1. (a) An appeal of a citation under Section 955 must be submitted to the Attorney General no later than thirty (30) days after service of the citation or the right to appeal is waived and the citation becomes the final order of the Attorney General. An appeal of a citation must be in writing to the Attorney General at [email protected] and include: the name of the cited person or entity; address, email, and telephone number of the person or entity appealing; and a statement of the basis of appeal.
2. (b) Notice of the appeal hearing date, time, and place shall be provided to the person or entity appealing the citation in accordance with the procedures set out in section 11509 of the Government Code. The failure of the person or entity to appear at the time and place of the hearing shall be deemed a withdrawal of the appeal, and the citation shall constitute the Attorney General's final order subject to no further administrative review.
3. (c) All appeal hearings provided for under this section shall be conducted by an administrative hearing officer designated by the Attorney General. The hearing officer shall not have participated in the decision concerning the administrative action that is the subject of the hearing and is otherwise subject to the disqualification provisions of sections 11425.30 and 11425.40 of the Government Code.
4. (d) All hearings under this regulation shall be conducted in accordance with the procedures set out in Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except for provisions requiring the designation of administrative law judges and any other provision of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code that is inconsistent with these regulations.

Note: Authority cited: Section 104559.1, Health and Safety Code. Reference: Section 104559.1, Health and Safety Code.

History

1. New section filed 8-25-2025 as an emergency; operative 8-25-2025 (Register 2025, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2026 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 2-18-2026 as an emergency; operative 2-24-2026 (Register 2026, No. 8). A Certificate of Compliance must be transmitted to OAL by 5-26-2026 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 5-21-2026 as an emergency; operative 5-27-2026 (Register 2026, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-19-2026 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 5-21-2026 order transmitted to OAL 5-7-2026 and filed 6-19-2026 (Register 2026, No. 25).