SECTIONS 19215-19215.8 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 19215-19215.8

19215. As used in this article, unless otherwise indicated,
"director" means the Director of the Office of Administrative
Hearings.

19215.1. The acceptance by a nonresident licensee of any of the
rights and privileges conferred upon him or her by this chapter, as
evidenced by his or her engaging within this state, either personally
or through an agent or employee, in a business subject to license
under this chapter, is equivalent to the appointment by the licensee
of the director as his or her true and lawful attorney upon whom may
be served all lawful process in any disciplinary proceeding conducted
against him or her under this chapter.

19215.2. The acceptance of such rights and privileges as so
evidenced shall signify the agreement of the licensee that any such
process which is served against him or her in the manner provided in
this article shall be of the same legal force and validity as if
served upon him or her personally in this state.

19215.3. Service shall be made by leaving a copy of the accusation,
together with a notice of defense and statement to respondent as
described in Section 11505 of the Government Code, with a fee of two
dollars ($2) for each licensee to be served, in the hands of the
director or in his or her office in Sacramento. This service shall be
sufficient service on the licensee subject to compliance with
Section 19215.4 of this code.

19215.4. A notice of such service and a copy of the accusation,
together with the notice of defense and statement to respondent,
shall forthwith be sent by registered mail by the director to the
licensee at his or her last known address as furnished by the bureau.
Personal service of this notice, copy of the accusation, notice of
defense, and statement to respondent upon the licensee wherever found
outside this state shall be the equivalent of this mailing.

19215.5. Proof of compliance with Section 19215.4 shall be made in
the event of service by mail by affidavit of the director or his or
her authorized employee showing this service by mailing, together
with the return receipt of the United States post office bearing the
signature of the licensee or his or her agent. The affidavit and
receipt shall be appended to the original accusation on file with the
bureau. In the event of personal service outside this state,
compliance may be proved by the return of any duly constituted public
officer qualified to serve process in civil actions in the state or
jurisdiction where the licensee is found, showing such service to
have been made. This return shall be appended to the original
accusation on file with the bureau.

19215.6. The bureau, or if the proceeding has been assigned to a
hearing officer of the Office of Administrative Hearings, the hearing
officer, may order postponements or continuances and grant
extensions of time that may be necessary to afford the licensee
reasonable opportunity to defend the proceeding. In no event shall
the licensee have less than 30 days after the date of mailing or
delivery to him or her of the copy of the accusation in which to file
a notice of defense, nor shall the notice of hearing provided for in
Section 11509 of the Government Code or the notice and copy of
affidavit referred to in Section 11514 of the Government Code be
mailed or delivered less than 20 days prior to the date of hearing,
and the time for making a request to cross-examine under Section
11514 of the Government Code shall be not less than 15 days.

19215.7. The director shall keep a record of all process served
upon him or her pursuant to this article that shall show the day and
hour of service.

19215.8. As used in this article "nonresident" means a person who
is not a resident of this State at the time he or she engages in
business in the State as described in Section 19215.1.