SECTIONS 7406-7414 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7406-7414

7406. In addition to the authority to conduct disciplinary
proceedings under this chapter, the board, 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 board
under this chapter.

7407. The board 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 board's
contingent fund.
The schedule shall indicate for each type of violation whether, in
the board's discretion, the violation can be corrected. The board
shall review and revise the schedule of administrative fines for
violations by January 1, 2005. The board shall ensure that it and the
Bureau for Private Postsecondary and Vocational Education do not
issue citations for the same violation.

7408. The board, 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 board 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 board, or its executive officer, 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 board, through its executive officer, in a time and manner
prescribed by the board. The board 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 the board. 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,
may 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 to 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.