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Board authorizes initiation of revised citation regulations; staff will post 45‑day public comment
Summary
The board rescinded an earlier regulatory approval and authorized a revised proposed change to CCR title 16 sections 390.4 and 390.5 related to citation procedures, aligning deadlines and clarifying who may request hearings; staff will post a 45‑day comment period and may adopt if no adverse comments or hearing requests are received.
The board voted to rescind prior October 2023 approval of proposed citation regulatory text and approve revised language amending California Code of Regulations, title 16, sections 390.4 and 390.5. The revisions replace “licensee” with “sighted person” in one subsection (to reflect that a broader set of people may request a hearing), and conversely replace “sighted person” with “licensee” in a different section where the board’s authority only applies to licensees.
Board legal counsel and staff presented the revised text to ensure consistency with statute and to simplify the administrative appeal process by aligning deadlines for informal conference requests with deadlines for formal hearing requests. The board motion directed the executive officer to initiate the rulemaking process, to provide a 45‑day public comment period, and to adopt the proposed changes if no adverse comments were received and no hearing requested.
Why it matters: The changes aim to reduce confusion in the citation appeal process and ensure that the regulations conform to statutory requirements. Aligning deadlines and clearing up ambiguous references may reduce administrative burdens and complaints based on procedural misunderstanding.
What happens next: Staff and legal counsel will submit the rulemaking package to the Office of Administrative Law and publish the 45‑day notice for public comment. If adverse comments or requests for hearing materialize, the board will need to consider responses and potential text revisions.
