BUSINESS AND PROFESSIONS CODE
SECTION 7406-7414
7406. In addition to the authority to conduct disciplinary
proceedings under this chapter, the bureau, through its duly
authorized representatives, shall have authority to assess
administrative fines for the violation of any section of this chapter
or the violation of any rules and regulations adopted by the bureau
under this chapter.
7407. The bureau shall establish by regulation a schedule of
administrative fines for violations of this chapter. All moneys
collected under this section shall be deposited in the bureau's
contingent fund.
The schedule shall indicate for each type of violation whether, in
the bureau's discretion, the violation can be corrected.
7408. The bureau, through its duly authorized representatives,
shall issue a citation with respect to any violation for which an
administrative fine may be assessed. Each citation shall be in
writing and shall describe with particularity the nature of the
violation, including a reference to the specific provision alleged to
have been violated. The administrative fine, if any, shall attach
at the time the citation is written. The citation shall include an
order to correct any condition or violation which lends itself to
correction, as determined by the bureau pursuant to Section 7406.
7409. Any licensee served with a citation may avoid the payment of
the associated administrative fine by presentation of written proof
satisfactory to the bureau, or its bureau chief, that the violation
has been corrected. This provision applies only to a licensee's
first violation in any three-year period of any single provision of
this chapter or the rules and regulations adopted pursuant to this
chapter. Proof of correction shall be presented to the bureau,
through its bureau chief, in a time and manner prescribed by the
bureau. The bureau may, in its discretion, extend for a reasonable
period the time within which to correct the violation upon the
showing of good cause. Notices of correction filed after the
prescribed date shall not be acceptable and the administrative fine
shall be paid.
7410. Persons to whom a notice of violation or a citation is issued
and an administrative fine assessed may appeal the citation to a
disciplinary review committee established by regulation by the
director. All appeals shall be submitted in writing to the program
within 30 days of the date the citation was issued. Appeals of
citations that are not submitted in a timely manner shall be
rejected.
After a timely appeal has been filed with the program, the
administrative fine, if any, shall be stayed until the appeal has
been adjudicated.
Persons appealing a citation, or their appointed representatives,
shall appear in person before the disciplinary review committee. The
appellant may present written or oral evidence relating to the facts
and circumstances relating to the citation that was issued.
Following an appeal before a disciplinary review committee, the
disciplinary review committee shall issue a decision, based on
findings of fact, which may affirm, reduce, dismiss, or alter any
charges filed in the citation. In no event shall the administrative
fine be increased. The appellant shall be provided with a written
copy of the disciplinary review committee's decision relating to the
appeal.
7411. Persons receiving a decision from a disciplinary review
committee may appeal the decision by filing a written request, within
30 days after receipt of the decision, to the program administrator.
Following a hearing to appeal the decision of a disciplinary review
committee, the director shall thereafter issue a decision, based on
findings of fact, affirming, modifying or vacating the citation or
penalty, or directing other appropriate relief. In no event shall the
administrative fine be increased. The hearing to contest the
decision of a disciplinary review committee shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the director
shall have all powers granted therein.
7413. Appeals of citations not filed in a timely manner or failure
of the appellant or the appellant's representative to appear before
the disciplinary review committee at the appointed time except when
good cause is shown, shall cause the citation to become final and
there shall be no administrative appeal except as otherwise provided
by law.
7414. Persons who fail to pay administrative fines that were not
contested or were contested but the appeal has been adjudicated,
shall not be issued a license or allowed to renew any licenses issued
to them until all fines are paid in addition to any application,
renewal, or delinquency fees which are required.