1. (a) At anytime before the hearing officer issues a decision on the merits of the citation, the citing party may withdraw the citation by written notice at any time or by oral motion on the hearing record.
2. (b) If a notice of withdrawal is issued prior to the hearing, the citing party shall serve a copy of the notice of withdrawal on each party and on any authorized representatives.
3. (c) The notice of withdrawal or motion to withdraw a citation shall be accepted by the hearing officer and is a final order. A citation that has been withdrawn may not be reinstituted.

Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code.

History

1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).

2. Repealer of former section 60075.23 and renumbering and amendment of former section 60075.16 to section 60075.23 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).

3. Amendment of section and Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).