Cal. Code Regs. Tit. 16, § 317.5 - Investigation and Enforcement Costs; Payment by Licentiate
(a) In any order in resolution of a
disciplinary proceeding before the Board of Chiropractic Examiners, the board
may request the administrative law judge to direct a licentiate found to have
committed a volition or violations of the Chiropractic Initiative Act to pay a
sum not to exceed the reasonable costs of the investigation and enforcement of
the case.
(b) A certified copy of
the actual costs, or a good faith estimate of costs where actual costs are not
available, signed by the board bringing the proceeding or its designated
representative shall be prima facie evidence of reasonable costs of
investigation and prosecution of the case. The costs shall include the amount
of investigative and enforcement costs up to the date of the hearing,
including, but not limited to, charges imposed by the Attorney
General.
(c) The administrative law
judge shall make a proposed finding of the amount of reasonable costs of
investigation and prosecution of the case when requested pursuant to
subdivision (a). The board may reduce or eliminate the cost award, or remand to
the administrative law judge where the proposed decision fails to make a
finding on costs requested pursuant to subdivision (a).
(d) Where an order for recovery of costs is
made and timely payment is not made as directed in the board's decision, the
board may enforce the order for repayment in any appropriate court. This right
of enforcement shall be in addition to any other rights the board may have as
to any licentiate to pay costs.
(e)
In any action for recovery of costs, proof of the board's decision shall be
conclusive proof of the validity of the order of payment and the terms for
payment.
(f)
(1) Except as provided in paragraph (2), the
board shall not renew or reinstate any license of any licentiate who has failed
to pay all of the costs ordered under this section.
(2) Notwithstanding paragraph (1), the board
may, in its discretion, conditionally renew or reinstate for a maximum of one
year the license of any licentiate who demonstrates financial hardship and who
enters into a formal agreement with the board to reimburse the board within
that one-year period for the unpaid costs.
(g) All costs recovered under this section
shall be considered a reimbursement for costs incurred and shall be deposited
in the fund of the board recovering the costs.
(h) Nothing in this section shall preclude
the board from including the recovery of the costs of investigation and
enforcement of a case in any stipulated settlement.
Notes
Note: Authority cited: Sections 1000- 4(b) and 1000- 10, Business and Professions Code. (Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii). Reference: Sections 1000- 4(b) and 1000- 10, Business and Professions Code. (Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii).
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