1. (a) A petition for penalty relief as defined under Section 1352.3, subdivision (a) shall be filed by mail or other courier service on a form provided by the Board (Petition for Penalty Relief, Form PPR-1, New (08/2025)), which is incorporated by reference. The petitioner shall complete the form and provide the required documentation under penalty of perjury, along with the applicable initial nonrefundable fee required by Section 1352.3, subdivision (b) or (c), for processing the petition for penalty relief.
2. (b) Fees paid to the Board as required by this section shall be submitted in the form of a money order, certified check, cashiers' check, preprinted personal or company check, which shall clearly indicate the name of the petitioner to whom it applies. Processing of any petition shall commence only after the applicable initial fee specified in Section 1352.3, subdivision (b) or (c) has been received, the payment clears the petitioner's bank, and the funds are deposited in the Board's account within 30 days of the check or money order being deposited.
3. (c) If payment is received in accordance with subdivision (b), the petition is not withdrawn by the petitioner or rejected by the Board for failing to meet the requirements set forth in Section 2307 of the Code or this section, and the petition is eligible to be set for hearing through the Office of Administrative Hearings (OAH), the petitioner shall be provided written notice that the Board has accepted the petition to be set for a hearing. Written notice shall include that: (1) the petition has been accepted by the Board to be set for a hearing;, (2) the proposed decision issued by the ALJ may include an order for the Board's consideration and approval for the petitioner to pay the remaining fee to cover the reasonable costs to process and adjudicate a petition for penalty relief up to $22,000, less the initial fee already paid; (3) the petitioner may submit evidence at the hearing on the petition regarding their ability to pay the remaining fee or may challenge the amount of the remaining fee being requested, proposed, or determined, based on the reasonableness of the amount; (4) the petitioner may be ordered to pay the remaining fee regardless of whether their petition is granted or denied; and (5) if petitioner is ordered to pay all or a portion of the remaining fee, petitioner may request a payment plan. Additionally, the Board shall include a copy of Section 1352.3 with the notice.
4. (d) Failure to comply with the requirements of this section shall result in the petition being rejected by the Board as incomplete. Written notice of such rejection and the reasons therefore shall be provided to the petitioner upon the Board's determination that the petitioner has not met the requirements of this section.
5. (e) The provisions of this section requiring payment of fees and notice thereof shall apply only to petitions for penalty relief on disciplinary decisions ordered after the effective date of this section.

Note: Authority cited: Sections 2018 and 2307.5, Business and Professions Code. Reference: Sections 2307 and 2307.5, Business and Professions Code.

History

1. Repealer of subsection (c) filed 4-11-80; effective thirtieth day thereafter (Register 80, No. 15).

2. Amendment of subsection (b) filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).

3. Amendment filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).

4. Amendment of section heading, section and Note filed 12-1-2025; operative 4-1-2026 (Register 2025, No. 49).