SECTIONS 19930-19932 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 19930-19932

19930. (a) The department shall make appropriate investigations as
follows:
(1) Determine whether there has been any violation of this chapter
or any regulations adopted thereunder.
(2) Determine any facts, conditions, practices, or matters that it
may deem necessary or proper to aid in the enforcement of this
chapter or any regulation adopted thereunder.
(3) To aid in adopting regulations.
(4) To secure information as a basis for recommending legislation
relating to this chapter.
(b) If, after any investigation, the department is satisfied that
a license, permit, finding of suitability, or approval should be
suspended or revoked, it shall file an accusation with the commission
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.
(c) In addition to any action that the commission may take against
a license, permit, finding of suitability, or approval, the
commission may also require the payment of fines or penalties.
However, no fine imposed shall exceed twenty thousand dollars
($20,000) for each separate violation of any provision of this
chapter or any regulation adopted thereunder.
(d) In any case in which the administrative law judge recommends
that the commission revoke, suspend, or deny a license, the
administrative law judge may, upon presentation of suitable proof,
order the licensee or applicant for a license to pay the department
the reasonable costs of the investigation and prosecution of the
case.
(1) The costs assessed pursuant to this subdivision shall be fixed
by the administrative law judge and may not be increased by the
commission. When the commission does not adopt a proposed decision
and remands the case to the administrative law judge, the
administrative law judge may not increase the amount of any costs
assessed in the proposed decision.
(2) The department may enforce the order for payment in the
superior court in the county in which the administrative hearing was
held. The right of enforcement shall be in addition to any other
rights that the department may have as to any licensee directed to
pay costs.
(3) In any judicial action for the recovery of costs, proof of the
commission's decision shall be conclusive proof of the validity of
the order of payment and the terms for payment.
(e) Notwithstanding any other provision of law, all costs
recovered under this section shall be deposited in the fines and
penalties account, a special account described in subdivision (a) of
Section 19950.
(f) For purposes of this section, "costs" include costs incurred
for any of the following:
(1) The investigation of the case by the department.
(2) The preparation and prosecution of the case by the Office of
the Attorney General.

19931. (a) The department may issue any emergency orders against an
owner licensee or any person involved in a transaction requiring
prior approval that the department deems reasonably necessary for the
immediate preservation of the public peace, health, safety, or
general welfare.
(b) The emergency order shall set forth the grounds upon which it
is based, including a statement of facts constituting the alleged
emergency necessitating the action.
(c) The emergency order is effective immediately upon issuance and
service upon the owner licensee or any agent of the licensee
registered with the department for receipt of service, or, in cases
involving prior approval, upon issuance and service upon the person
or entity involved, or upon an agent of that person or entity
authorized to accept service of process in this state. The emergency
order may suspend, limit, condition, or take other action in relation
to the license of one or more persons in an operation without
affecting other individual licensees, registrants, or the licensed
gambling establishment. The emergency order remains effective until
further order of the commission or final disposition of any
proceeding conducted pursuant to subdivision (d).
(d) Within two calendar days after issuance of an emergency order,
the department shall file an accusation with the commission against
the person or entity involved. Thereafter, the person or entity
against whom the emergency order has been issued and served is
entitled to a hearing which, if so requested, shall commence within
10 business days of the date of the request if a gambling operation
is closed by the order, and in all other cases, within 30 calendar
days of the date of the request. On application of the department,
and for good cause shown, a court may extend the time within which a
hearing is required to be commenced, upon those terms and conditions
that the court deems equitable.

19932. (a) Any person aggrieved by a final decision or order of the
commission that limits, conditions, suspends, or revokes any
previously granted license or approval, made after hearing by the
commission, may petition the Superior Court for the County of
Sacramento for judicial review pursuant to Section 1094.5 of the Code
of Civil Procedure and Section 11523 of the Government Code.
Notwithstanding any other provision of law, the standard set forth in
paragraph (1) of subdivision (h) of Section 1094.5 of the Code of
Civil Procedure shall apply for obtaining a stay of the operation of
a final decision or order of the commission. In every case where it
is claimed that the findings are not supported by the evidence, abuse
of discretion is established if the court determines that the
findings are not supported by substantial evidence in light of the
whole record.
(b) The court may summarily deny the petition, or the court may
issue an alternative writ directing the commission to certify the
whole record in the case to the court within a time specified. No new
or additional evidence shall be introduced in the court, but, if an
alternative writ issues, the cause shall be heard on the whole record
as certified by the commission.
(c) In determining the cause following issuance of an alternative
writ, the court shall enter judgment affirming, modifying, or
reversing the order of the commission, or the court may remand the
case for further proceedings before, or reconsideration by, the
commission.
(d) Except as otherwise provided in Section 19870 and subdivision
(e) in Section 19912, this section provides the exclusive means to
review adjudicatory decisions of the commission.