Cal. Code Regs. tit. 16, § 2940
Administrative Citations.
Effective Apr 1, 2025Register 2025, No. 15Authority cited: Sections 125.9, 148 and 19228, Business and Professions Code. Reference: Sections 10, 125.9, 148, 149, 9810, 19239.4, 19279, 19279.1, 19279.2, 19280, 19281, 19282 and 19283, Business and Professions Code.State of California
- (a) The Chief or their designee is authorized to determine when and against whom a citation will be issued and to issue citations containing orders of abatement and fines against any permitted household mover (“permitholder”) and any officer, director, agent or employee of any permitholder for any violation of the provisions of the Act and any regulations adopted pursuant thereto.
(b) In addition to subsection (a), the Chief or their designee 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, as defined in Section 302(d) of the Code, who engage or attempt to engage in any activity including advertising for which a permit is required under the Act (“unlicensed activity”).
- (1) Any sanction authorized for the unlicensed activity under this section shall be separate from and in addition to any other civil or criminal remedies authorized under the Act.
(c) Each citation:
- (1) Shall be in writing and shall describe with particularity the nature of the violation, including a specific reference to the provision of law determined to have been violated.
- (2) Shall be served upon the cited party personally or by registered mail pursuant to Section 11505(c) of the Government Code.
- (3) Shall contain an order of abatement fixing a reasonable time for abatement of the violation.
- (4) May contain a fine not to exceed the amounts specified in Section 125.9 of the Code and, where applicable, issued and assessed in accordance with Section 2943.
- (5) Shall inform the cited party of the opportunity to request a citation review conference or an administrative hearing, or both, to contest the citation pursuant to Section 2941.
- (6) If the citation is issued for acts other than unlicensed activity as provided in subsection (b), shall inform the permitholder that failure of the permitholder or cited party to pay a fine or comply with an order of abatement, or both, within 30 days of the date of assessment or order, unless the citation is being appealed, may result in disciplinary action being taken by the Bureau. The permitholder or cited party shall be informed that if a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the permitholder's permit and the permit will not be renewed without payment of the renewal fee and fine.
- (7) If the citation is issued pursuant to Section 19279.1 of the Code, shall include an order to cease all advertising for household moving services.
Note: Authority cited: Sections 125.9, 148 and 19228, Business and Professions Code. Reference: Sections 10, 125.9, 148, 149, 9810, 19239.4, 19279, 19279.1, 19279.2, 19280, 19281, 19282 and 19283, Business and Professions Code.
History
1. New article 2 (sections 2940-2943) and section filed 1-30-2025; operative 4-1-2025 (Register 2025, No. 15).