Cal. Code Regs. tit. 16, § 390.4
Contested Citations.
Effective Jan 1, 2026Register 2025, No. 47Authority cited: Sections 125.9 and 148, Business and Professions Code; and Section 4 of the Chiropractic Initiative Act of California (Initiative Measure, Stats. 1923, p. lxxxix, § 4, as amended by Stats. 1978, ch. 307, p. 636, § 1). Reference: Sections 125.9 and 148, Business and Professions Code.State of California
- (a) The citation shall inform the cited person that if they desire a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the Board within 30 calendar days of the date of issuance on the citation. If a hearing is not requested pursuant to this subsection, the Board shall not construe the payment of any fine to constitute an admission of a charged violation. Hearings shall be held pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
- (b) In addition to requesting a hearing provided for in subdivision (a) of this section, the cited person may, within 30 calendar days of the date of issuance on the citation, submit a written request for an informal conference with the Executive Officer.
- (c) The Executive Officer or their designee shall, within 30 calendar days from receipt of the written request, hold an informal conference with the person cited or the cited person's legal counsel or authorized representative, if any.
- (d) The Executive Officer or their designee may affirm, modify, or dismiss the citation, at the conclusion of the informal conference. A written decision stating the reasons for the decision shall be mailed to the cited person and the cited person's legal counsel or authorized representative, if any, within 14 calendar days from the date of the informal conference. This decision shall be deemed to be a final order with regard to the citation issued.
- (e) If the citation is dismissed, the request for a hearing shall be deemed withdrawn. If the citation is affirmed or modified, the cited person may, in their discretion, withdraw the request for a hearing or proceed with the administrative hearing process.
Note: Authority cited: Sections 125.9 and 148, Business and Professions Code; and Section 4 of the Chiropractic Initiative Act of California (Initiative Measure, Stats. 1923, p. lxxxix, § 4, as amended by Stats. 1978, ch. 307, p. 636, § 1). Reference: Sections 125.9 and 148, Business and Professions Code.
History
1. New section filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2. Change without regulatory effect amending subsections (b)-(d) filed 10-5-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 40).
3. Amendment of Note filed 7-2-2008; operative 8-1-2008 (Register 2008, No. 27).
4. Amendment of section and Note filed 11-19-2025; operative 1-1-2026 (Register 2025, No. 47).