Section § 7406

Explanation

This law gives a board the power to not only handle disciplinary actions but also to impose fines if someone breaks the rules set out in this chapter or any related rules made by the board.

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.

Section § 7407

Explanation

This section requires the board to create rules that list fines for violations affecting consumer safety. Any fine money goes into the board's fund. The rules must also say if certain violations can be fixed and ensure no double citation with another bureau.

The board shall establish by regulation a schedule of administrative fines for violations of this chapter that directly impact consumer safety. 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 ensure that it and the Bureau for Private Postsecondary Education do not issue citations for the same violation.

Section § 7407.1

Explanation

This law section states that the board will set rules for when both the owner of a business and an employee can be fined for the same health and safety violations. It will also decide when fines should only be given to one of them. The board will consider how serious the violation is and if it’s a repeated offense. Additionally, the board will create a remedial education program as an option instead of a fine for a first offense. They can charge a fee for this educational program to cover costs.

(a)CA Business & Professions Code § 7407.1(a) The board shall determine by regulation when a fine shall be assessed to both the holder of the establishment license and the individual licensee for the same violation. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall consider the egregiousness of the violation of the health and safety regulations and whether the violation is a repeated violation by licensees within the same establishment.
(b)Copy CA Business & Professions Code § 7407.1(b)
(1)Copy CA Business & Professions Code § 7407.1(b)(1) The board shall establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation.
(2)CA Business & Professions Code § 7407.1(b)(2) The board may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).

Section § 7408

Explanation

This law requires the board to issue a written citation whenever there's a violation that could result in a fine. The citation must clearly explain what the violation is, citing the exact rule that was broken. It also includes a fine if applicable and an order to fix the problem, if it's possible to do so. The board decides whether something can be corrected based on related rules.

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.

Section § 7408.1

Explanation

This law allows the board to set up payment plans for fines over $500. They will establish rules about how these plans work, including the terms and reasons for canceling a plan.

The board may enter into a payment plan for citations with administrative fines that exceed five hundred dollars ($500). The board shall define by regulation the parameters of the payment plan, which shall include, but shall not be not limited to, the terms of the plan and grounds for cancellation of the plan.

Section § 7409

Explanation

If you have a license and get cited for a violation, you can avoid paying a fine by showing the board you've fixed the problem. This only works for your first violation of a specific rule within three years. You need to give proof in the way the board asks. If you need more time to correct it, the board might give you an extension if you have a good reason. But if you miss the deadline for showing it's fixed, you'll have to pay the fine.

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.

Section § 7410

Explanation

If you receive a notice of violation or a citation with a fine, you can appeal it to a disciplinary review committee set up by the board. You must submit your appeal in writing within 30 days of the citation date. Appeals filed after this deadline will not be accepted. Once your appeal is filed on time, any fines will be paused until a decision is made. You or your representative can present evidence related to the citation to the committee. The committee can then decide to affirm, reduce, dismiss, or change the citation, but they cannot increase the fine. You will get their decision in writing.

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.

Section § 7411

Explanation

If you receive a decision you disagree with from a disciplinary review committee, you have 30 days to file a written appeal with the program administrator. After a hearing, a director will make a final decision to confirm, change, or cancel the original decision or penalty but won't increase any fines. The appeal hearing follows specific procedures outlined in another part of the Government Code, and the director has all the authority given by that code section.

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.

Section § 7413

Explanation

This law says that if someone appeals a citation but doesn't do it on time, or if they or their representative don't show up for a review meeting without a valid reason, the citation becomes final. After that, they're usually not allowed to appeal again unless a different law allows it.

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.

Section § 7414

Explanation

If someone has unpaid administrative fines, they might not be able to get or renew a professional license until they pay all the fines, along with any other necessary fees.

The issuance of a license to, or the renewal of a license of, a person who fails to pay administrative fines that were not contested or that were contested but the appeal has been adjudicated may be made contingent upon all fines being paid in addition to any application, renewal, or delinquency fees which are required.