Cal. Code Regs. Tit. 16, § 4140 - Issuance of Citations

(a) The Board's executive officer, or his or her designee, is authorized to issue citations containing orders of abatement and/or administrative fines pursuant to section 125.9 of the Business and Professions Code against occupational therapists or occupational therapy assistants who have committed any acts or omissions which are in violation of the Occupational Therapy Practice Act or any regulation adopted pursuant thereto.

(b) The Board's executive officer, or his or her designee, is authorized to issue citations containing orders of abatement, orders of correction, and/or administrative fines pursuant to section 148 of the Business and Professions Code against unlicensed persons who have committed any acts or omissions which are in violation of the Occupational Therapy Practice Act or any regulation adopted pursuant thereto.

(c) Each citation:

(1) shall be in writing,

(2) shall describe with particularity the nature of the violation, including specific reference to the provision or provisions of law determined to have been violated,

(3) may contain one or more of the following:

(A) an assessment of an administrative fine;

(B) an order of abatement fixing a reasonable period of time for abatement of the violation;

(C) an order of correction,

(4) shall be served on the cited person, in person, or by certified and regular mail at the address of record on file with the Board. Citations served by certified and regular mail shall be deemed "served" on the date of mailing.

(5) shall inform the cited person that, if he or she desires an informal conference to contest the finding of a violation, the informal conference shall be requested by written notice to the Board within 30 calendar days from service of the citation,

(6) shall inform the cited person that, if he or she desires a hearing to contest the finding of a violation, the hearing shall be requested by written notice to the Board within 30 calendar days from service of the citation,

(7) shall inform the cited person that failure to pay the fine within 30 calendar days of the date of service, unless the citation is being appealed, may result in disciplinary action being taken by the Board.

(d) If a citation is not contested and the fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee and fine.

(e) The sanction authorized under this section shall be separate from, and in addition to, any civil or criminal remedies.

Notes

Cal. Code Regs. Tit. 16, § 4140

1. New article 5 (sections 4140-4143) and section filed 8-7-2002; operative 9-6-2002 (Register 2002, No. 32).

Note: Authority cited: Sections 125.9, 148 and 2570.20, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

1. New article 5 (sections 4140-4143) and section filed 8-7-2002; operative 9-6-2002 (Register 2002, No. 32).