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Regulations - Chapter 1, Article 7

TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONS
DIVISION 10. DENTAL BOARD OF CALIFORNIA
CHAPTER 1. GENERAL PROVISIONS APPLICABLE TO ALL LICENSEES
ARTICLE 7. CITATIONS AND FINES

Section 1023. Citations.
Section 1023.1 Citations Format.
Section 1023.2. Administrative Fines for Citation.
Section 1023.4 Citations Factors.
Section 1023.5 Contest of Citations.
Section 1023.6 Failure to Comply with Order.
Section 1023.7 Unlicensed Practice.
Section 1023.8 Delegation of Program Duties.

Section 1023. Citations.
The executive officer of the board may issue a citation to any person who holds a permit or certificate from the board for a violation of any provision or other law enforced by the board.

Note: Authority cited: Sections 125.9 and 1614, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.

HISTORY
  1. New article 7 and section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).

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Section 1023.1 Citations Format.
Each citation:
(a) shall be in writing;
(b) shall describe with particularity the nature of the violation, including specific reference to the provision of law determined to have been violated;
(c) may contain in an assessment of an administrative fine, an order of abatement fixing a reasonable period of time for abatement of the violation, or both an administrative fine and an order of abatement;
(d) shall inform the cited person that, if he or she desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 days of the issuance of the citation or assessment;
(e) shall be served upon the licensee personally or by certified mail.

Note: Authority cited: Sections 125.9 and 1614, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.

HISTORY
  1. New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).

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Section 1023.2. Administrative Fines for Citation.
Where citations issued pursuant to Section 125.9 of the code include an assessment of an administrative fine, they shall be classified according to the nature of the violation and shall indicate the classification on the face thereof as follows:
(a) A class "A" violation is a violation which the executive officer has determined involves a person who has violated a statute/regulation, and either:
  1. (1) the violation presents a substantial probability that death or serious physical harm to a patient could result there from; or
  2. (2) the person has been issued three class B violations within a 24 month time period immediately preceding the act, serving as the basis for the citation, without regard to whether the actions to enforce the previous citations have become final.
A class "A" violation is subject to an administrative fine in an amount not less than $1,000 and not exceeding $2,500 for each violation.
(b) A class "B" violation is a violation which the executive officer has determined involves a person who has violated a statute/regulation relating to the practice of dentistry which does not present a substantial probability that either death or serious physical harm to a patient will result there from.
A class "B" violation is subject to an administrative fine in an amount not less than $50 and not exceeding $2,500 for each violation.

Note: Authority cited: Sections 125.9 and 1614, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.

HISTORY
New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).
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Section 1023.4 Citations Factors.
In assessing the amount of an administrative fine, the executive officer shall consider the following factors:
  1. (a) The good or bad faith exhibited by the cited person.
  2. (b) The nature and severity of the violation.
  3. (c) Evidence that the violation was willful.
  4. (d) History of violations of the same or similar nature.
  5. (e) The extent to which the cited person has cooperated with the board.
  6. (f) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by his or her violation.
  7. (g) Such other matters as justice may require.

Note: Authority cited: Sections 125.9 and 1614, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.

HISTORY
  1. New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).

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Section 1023.5 Contest of Citations.
(a) In addition to requesting a hearing, as provided for in subsection (b)(4) of Section 125.9 of the code, the person cited may, within ten (10) days after service or receipt of the citation, notify the executive officer in writing of his or her request for an informal conference with the executive officer regarding the acts charged in the citation. The time allowed for the request shall begin the first day after the citation has been served or received.
(b) The executive officer shall, within 30 days from receipt of the request, hold an informal conference with the person cited and/or his or her legal counsel or authorized representative. At the conclusion of the informal conference the executive officer may affirm, modify or dismiss the citation, including any administrative fine levied or order of abatement issued. The executive officer shall state in writing the reasons for his or her action and serve or mail, as provided in subsection (b) of section 1023.1, a copy of his or her findings and decision to the person cited within ten days from the date of the informal conference. The decision shall be deemed to be a final order without regard to the citation issued, including the administrative fine levied and the order of abatement.
(c) The person cited does not waive his or her request for a hearing to contest a citation by requesting an informal conference after which the citation is affirmed by the executive officer. 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, the citation originally issued shall be considered withdrawn and a new citation issued. If a hearing is requested for the subsequent citation, it shall be requested within 30 days in accordance with subsection (b)(4) of Section 125.9 of the code.

Note: Authority cited: Sections 125.9 and 1614, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.

HISTORY

  1. New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).

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Section 1023.6 Failure to Comply with Order.
(a) The time allowed for abatement of a violation shall begin the first day after the order of abatement has been served or received. If a cited person who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond his or her control after the exercise of reasonable diligence, the person cited may request an extension of time from the executive officer in which to complete the correction. Such a request shall be in writing and shall be made within the time set forth for abatement.
(b) An order of abatement shall either be personally served or mailed by certified mail, return receipt requested.
(c) When an order of abatement is not contested or if the order is appealed and the person or entity cited does not prevail, failure to abate the violation charged within the time specified in the citation shall constitute a violation and failure to comply with the order of abatement. Failure to timely comply with an order of abatement may result in disciplinary action being taken by the board or other appropriate judicial relief being taken against the person cited.

Note: Authority cited: Sections 125.9 and 1614, Business and Professions Code. Reference: Section 125.9, Business and Professions Code.

HISTORY
  1. New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).

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Section 1023.7 Unlicensed Practice.
The executive officer may issue a citation, in accordance with Section 148 of the code, against any unlicensed person who is acting in the capacity of a licensee under the jurisdiction of the board and who is not otherwise exempt from licensure. Each citation may contain an assessment of an administrative fine, or an order of abatement fixing a reasonable period of time for an abatement. Administrative fines shall range from $50 to $2,500 for each violation. Any sanction authorized for activity under this section shall be separate from and in addition to any other civil or criminal remedies.

Note: Authority cited: Sections 148 and 1614, Business and Professions Code. Reference: Section 148, Business and Professions Code.

HISTORY
  1. New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).
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Section 1023.8 Delegation of Program Duties.

Nothing in this article shall preclude the executive officer from delegating his/her duties and responsibilities under this article to other board staff.

Note: Authority cited: Section 1614, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

HISTORY
  1. New section filed 4-23-93; operative 5-24-93 (Register 93, No. 17).