SECTIONS 112250-112280 - California Statutes

HEALTH AND SAFETY CODE

SECTION 112250-112280

112250. (a) The Attorney General, any district attorney, or any
city attorney to whom the department reports any violation of this
chapter shall begin appropriate proceedings in the proper court.
(b) Before any alleged violation of this chapter is reported to
the Attorney General, a district attorney, or a city attorney for the
institution of a criminal proceeding, the person against whom this
proceeding is contemplated may be given appropriate notice and an
opportunity to show cause why he or she should not be prosecuted and
to present additional facts that may mitigate the action. The showing
may be presented either orally or in writing, in person, or by
attorney.

112255. The department is not required to institute proceedings
under this chapter for minor violations of this chapter, if the
department believes that the public interest will be adequately
served in the circumstances by a suitable written notice or warning.

112260. When the state asserts a violation of this chapter, the
state need not negate any exemption or exception from the
requirements of this chapter in any pleading, or in any trial,
hearing, or other proceeding. The burden of proof with respect to any
exemption or exception rests upon the person claiming its benefits.

112265. (a) Except to the extent otherwise provided in Section
112160 and subdivision (e) of Section 112180, or when a violation is
asserted pursuant to Section 112240, when the department asserts a
violation of this chapter, all affected persons shall be afforded an
opportunity for an administrative hearing after 20 days notice.
(b) The notice shall include all of the following:
(1) A statement of the time, place, and nature of the hearing.
(2) A statement of the legal authority and jurisdiction under
which the hearing is to be held.
(3) A reference to the particular sections of the statutes,
regulations, and rules involved.
(4) A short and plain statement of the matters asserted.
(c) Opportunity shall be afforded all persons to respond and
present evidence on the issues involved.
(d) Hearings authorized or required by this chapter shall be
conducted by the department or any agent as the department may
designate for that purpose.
(e) Oral proceedings or any part thereof shall be transcribed at
the request of any person. The person requesting the transcription
shall bear the cost of the transcript.
(f) Final decisions or orders adverse to any person shall be in
writing or stated in the record. A final decision shall include
findings of fact and conclusions of law, that shall be separately
stated. Persons shall be notified either personally or by mail of any
decision or order.

112270. In lieu of administrative proceedings pursuant to Section
112265, the department may proceed under Section 119940.

112275. A person who has exhausted all administrative remedies
available within the department and who is aggrieved by a final
decision or order is entitled to judicial review pursuant to this
chapter.

112280. All regulations applicable to this chapter, and currently
in effect at the time this chapter takes effect, shall remain in
effect until the department adopts regulations pursuant to Section
112165.