California code of regulations




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§ 2754. Informal Conference.

(a) An informal conference related to a violation shall occur at the time and place scheduled and shall provide the person requesting the conference with the opportunity to explain to the representative of the enforcement agency each issue disputed and the facts and circumstances of each dispute.

(b) Within five (5) ten (10) working days of the completion of the informal conference, the enforcement agency shall provide a written notification of its determination to the person who requested the conference.

(c) The written determination shall sustain, overrule, or modify the original

notice of violation that contained each issue disputed at the informal conference. Modification may include:

(1) changes to the original violation cited,

(2) where necessary to provide a reasonable time for compliance, an extension of the time within which the modified required corrective action shall be completed. The extension of time shall not exceed thirty (30) calendar days, or such longer period of time allowed by the enforcement agency, from the date of the enforcement agency's written determination or greater period of time as determined by the enforcement agency.

(d) The written request for an informal conference shall be considered withdrawn if the person who submitted the request:

(1) does not appear at the mutually-agreed upon time and place scheduled for the informal conference, and

(2) does not notify the enforcement agency, within five (5) calendar days prior to the date on which the informal conference was scheduled, with written confirmation of the good-cause reason for not appearing at the informal conference.

(e) If the enforcement agency determines that good cause exists for a postponement, the enforcement agency shall postpone an informal conference for a period of time not to exceed fifteen (15) working days and shall notify the person in writing of the time and date of the postponed conference. Otherwise, the agency shall confirm the automatic withdrawal and, if applicable, the denial of the request due to a lack of a good-cause reason, as determined by the enforcement agency.
NOTE: Authority cited: Sections 18865 and, 18868, and 18871.10, Health and Safety Code. Reference: Sections 18866.3, 18866.4, 18867 and, 18868, and 18871.10, Health and Safety Code.
§ 2756. Request for Appeal Hearing: Appeal of Decision Rendered in Informal Conference.

(a) Any park owner or operator, cited person, or any registered owner of a unit, who has received a notice of violation ordering abatement or correction of a violation of this chapter, the Health and Safety Code, or any other applicable provision of law issued pursuant to section 18867 of the Health and Safety Code, from the enforcement agency has the right to petition for a formal request a hearing on the matter before an authorized representative of the with the person in charge of the enforcement agency or that person's designee, after a decision is rendered in an informal conference or the agency has denied the request for an informal conference.

(b) The person requesting the formal hearing shall submit a written petition hearing request to the enforcement agency:

(1) within ten (10) working days of the date of the denial of a request for an informal conference, or

(2) within five (5) ten (10) working days of the date of the enforcement agency's written determination, following an informal conference, if the issues contained in the notice of violation and the request for hearing were disputed at the informal conference. ,or

(3) within ten (10) working days of the enforcement agency’s issuance of a notice of intent to suspend a permit to operate, issued pursuant to section 18870.12 of the Health and Safety Code. An informal conference is not a condition precedent to a request for a hearing on a notice of intent to suspend the permit to operate and the request shall not be denied for failure to have an informal conference as referenced in Section 2756 subdivision (a).

(c) The written petition hearing request shall:

(1) provide the name, address, and phone number of the petitioner appellant,

(2) provide the petitioner's appellant reasons for requesting a formal hearing,

(3) summarize each issue to be disputed at the formal hearing, and

(4) state the remedy the petitioner appellant is seeking.

(d) Upon receipt of the petition a request for a hearing from the cited person or entity, the enforcement agency, shall set a time and place for the formal hearing and, shall provide the petitioner appellant with written notice of the hearing. scheduled time and place of the hearing, and shall provide a statement of the agency’s selection of the informal hearing procedures to be applied at the hearing. The enforcement agency shall include a copy of the agency’s informal hearing procedures, as required pursuant to Government Code sections 11425.10 and 11445.30.

(1) The enforcement agency shall provide the time and place of the hearing in a written notice to the appellant within fifteen (15) working days of receipt of the request.



(1)(2) The formal hearing shall commence within ten (10) working days fifteen (15) working days of the date of the petition. written notice of the scheduled hearing sent by the enforcement agency.

(2) (3) The petitioner appellant shall have the right to apply to the enforcement agency for the postponement of the date of the formal hearing for a reasonable amount of time. The petitioner appellant shall provide a good-cause reason for the request.

(3) (4) The enforcement agency shall grant a request for postponement if it determines that the petitioner appellant has good-cause reason for the postponement.

(e) The formal hearing shall provide the petitioner with the opportunity to be heard and to show cause why the notice of violation should be modified or withdrawn.



(1) The petitioner shall be entitled to call witnesses to testify at a formal hearing.

(2) The petitioner shall be entitled to be represented by legal counsel at a formal hearing.

(f) Within ten (10) working days of the formal hearing, the enforcement agency shall provide in writing a final, formal order to the petitioner. The final, formal order shall:

(1) sustain, modify, or withdraw the notice of violation issued pursuant to section 18867 of the Health and Safety Code, and

(2) shall clearly state the enforcement agency's findings upon which the final, formal order is based.

In the event that a cited violation constitutes an imminent hazard representing an immediate risk to life, health and safety of persons or property which requires immediate correction, a hearing shall not be permitted and a request for a hearing shall not extend the time for the correction of the violation.

(f) Upon receipt of the request for hearing from the cited person or entity, the enforcement agency shall not initiate any judicial or administrative action related to the defect or defects appealed until after the hearing. However, if the defect or defects cited become an imminent hazard representing an immediate risk to life, health, and safety of persons or property which require immediate correction, the enforcement agency may cancel the hearing, demand immediate abatement or correction, and initiate any appropriate judicial or administrative action related to the defect or defects.

(g) If the request for hearing is not received within ten (10) days from the date of personal service or acknowledgment of receipt by mail of the notice, the enforcement agency shall have the discretion to continue abatement proceedings.
NOTE: Authority cited: Sections 18865 and,18868, 18871.10 Health and Safety Code. Reference: Sections 18866.3, 18866.4,18867, 18868, and 18871.14 18871.10 Health and Safety Code.
§ 2757 Hearing.

(a) At the time and place of the hearing, the hearing officer shall hear the testimony of and accept evidence from the legal owner of the property, or park owner or operator; the cited person; or their respective representative; and any other person with information or testimony relevant to the final notice to abate. The testimony shall be limited to the violations identified in the cited unit, structure, or property. Prior to the hearing, the enforcement agency shall provide all evidence supporting the abatement action to the hearing officer. If requested by the hearing officer, the appellant also may provide written information prior to the hearing, concurrent with a copy to the enforcement agency’s representative identified by the hearing officer.

(b) The hearing shall provide the appellant with the opportunity to be heard by the hearing officer designated by the enforcement agency and to show cause why the notice of violation should be modified or withdrawn.

(1) The appellant shall be entitled to call witnesses to testify at the hearing.

(2) The appellant shall be entitled to be represented by legal counsel at the hearing.

(3) The hearing officer shall regulate the course of the proceeding.

(4) The hearing officer shall permit the parties and may permit others to offer written or oral comments on the issues; may limit the use of witnesses, testimony, evidence, and argument, and may limit or eliminate the use of pleadings, intervention, discovery, prehearing conferences and rebuttal, as required pursuant to Government Code sections 11445.10 and 11445.40.

(c) If the appellant does not appear at the hearing, the enforcement agency shall have the authority to proceed immediately with administrative or judicial action to secure compliance or abatement.



(d) Within ten (10) working days after the conclusion of the hearing, the hearing officer shall provide a final order to the appellant, in the form of a written decision.

The final order shall:

(1) sustain, modify, or withdraw the notice of violation, and

(2) shall clearly state the enforcement agency's findings upon which the final order is based.

The decision shall be mailed by first class mail to all parties to the hearing. If the decision sustains or modifies the final notice to abate, the hearing officer may establish new dates and compliance schedules.

(e) At the discretion of the hearing officer, the enforcement agency shall post a copy of the written decision in a conspicuous place on the property or unit.
NOTE: Authority cited: Sections 18865 and 18868, Health and Safety Code. Reference: Sections 18866.3, 18866.4, 18867, 18868, 18870.14,18871.10 Health and Safety Code.
§ 2758. Petition to Review Order of Local Enforcement Agency following Formal a Hearing.

(a) A park owner or operator, or the registered owner of a unit shall be entitled to petition the department to review and investigate, as necessary, the enforcement activities of the local enforcement agency if he or she:

(1) has received a notice of violation issued pursuant to Health and Safety Code section 18867 by an enforcement agency other than the department, and

(2) has received a final, formal final order from the local enforcement agency following a formal hearing, shall be entitled to petition the department to review and investigate, as necessary, the enforcement activities of the local enforcement agency hearing.

(b) The petition shall be in writing and shall include the following:

(1) a copy of the original notice of violation,

(2) a copy of the enforcement agency's written determination, if an informal conference was held,

(3) a copy of the enforcement agency's final, formal final order if a hearing were held, and

(4) a clear, concise explanation of the issues that the petitioner continues to dispute.

(c) The department shall consider the petition in conjunction with deem the petition to be a request to exercise the department's responsibility to monitor local enforcement activity pursuant to subdivision (d) of section 18865.7 of the Health and Safety Code.

(1) Within sixty (60) working days of the receipt of the petition, the department shall review the petition and provide the petitioner with written notice of whether the activities of the local agency require investigation by the department.

(2) If the department has determined that the activities of the local agency require investigation by the department, the written notice to the petitioner shall provide a time frame for the investigation.

(3) If the department investigates the enforcement activities of a local agency in response to one or more petitions provided pursuant to subsection (a), the department shall notify each petitioner within sixty (60) days of the results of the department's investigation.

(d) If the department finds that the notice of violation, written determination, and/or final, formal order issued by the local enforcement agency reflect(s) non-enforcement or over-enforcement of the law, the department shall initiate corrective action pursuant to the provisions of subdivision (d) of section 18865 of the Health and Safety Code.

(e) A petition filed pursuant to this section shall not extend the time for correction of the violation as provided in the original or any subsequent notice of violation issued by the local enforcement agency unless the department, based on the petition and materials submitted with the petition, determines there is a high likelihood that the local enforcement agency was incorrect in issuing the notice of violation.
NOTE: Authority cited: Sections 18865, Health and Safety Code. Reference: Sections 18865.7, 18867 and 18868, Health and Safety Code.
§ 2759. Time to Bring Action.

Any cited person, owner, or other aggrieved person having any objections as to any proceedings or actions undertaken by the hearing officer conducting the hearing, or the enforcement agency in ordering abatement or correction of any violation, shall bring an action in any court of competent jurisdiction within thirty (30) days after receipt of the final order or decision. For the purposes of this section, “aggrieved person” or entity is any person that claims to have been injured by actions of the enforcement agency that would permit the person to file a lawsuit in court.
NOTE: Authority cited: Sections 18865 and 18871.10, Health and Safety Code. Reference: Section 18866.3, 18866.4, 18867, 18868, 18869 and 18871.10, Health and Safety Code.


Express Terms Page July 22. 2010

Mobilehome and Special Occupancy Parks



Title 25, Chapters 2 and 2.2
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