1. (a) 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 their control after the exercise of reasonable diligence, the person cited may request an extension of time in which to complete the correction from the executive director or their designee. Such a request shall be in writing and shall be made within the time set forth for abatement.
2. (b) 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 when the order of abatement is final and has been served or received. 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 a failure to comply with the order of abatement. Such failure may result in disciplinary action being taken by the Board or other appropriate judicial relief being taken against the person cited.

Note: Authority cited: Osteopathic Act (Initiative Measure, Stats. 1923, p. cxiii), Section 1; and Sections 125.9, 2018, 2451 and 3600-1, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

History

1. New section filed 9-6-2005; operative 10-6-2005 (Register 2005, No. 36).

2. Change without regulatory effect amending section and Note filed 1-15-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 3).

3. Amendment of subsection (a) and Note filed 7-10-2025; operative 10-1-2025 (Register 2025, No. 28).