Section 1416.72 Of Article 5. Enforcement From California Health And Safety Code >> Division 2. >> Chapter 2.35. >> Article 5.
1416.72
. (a) The program may issue a citation to any person who
holds a license from the program and who violates any statute or
regulation governing licensed nursing home administrators.
(b) Any licensee served with a citation may contest the citation
by appeal to the program within 30 days of service of the citation.
Appeals shall be conducted pursuant to Section 100171.
(c) In addition to requesting a hearing before an administrative
law judge, the licensee may, within 10 days after service of the
citation, notify the department in writing of his or her request for
an informal conference with the department regarding the violations
cited in the citation. At the time of requesting an informal
conference, the licensee shall inform the department whether he or
she shall be represented at the informal conference by legal counsel.
Failure to notify the department of legal representation shall not
result in forfeiture of the right to have legal counsel present.
Unless the request for an informal hearing is made within the 10-day
period, the licensee's right to an informal hearing is deemed waived.
(d) The department shall hold an informal conference with the
licensee and, if applicable, his or her legal counsel or authorized
representatives. At the conclusion of the informal conference the
department may affirm, modify, or dismiss the citation, including any
administrative fine levied, or order of abatement issued.
(e) The licensee does not waive his or her request for a hearing
to contest a citation by requesting an informal conference. If the
citation is dismissed after the informal conference, the request for
a hearing on the matter of the citation shall be deemed to be
withdrawn. If the citation, including any administrative fine levied
or order of abatement, is modified or affirmed, the citation shall be
upheld and the licensee shall, within 15 working days from the date
the citation review conference decision was rendered, notify the
director or the director's designee that he or she wishes to appeal
the decision through the procedures set forth in Section 100171.