SECTIONS 116625 - California Statutes

HEALTH AND SAFETY CODE

SECTION 116625

116625. (a) The department, after a hearing noticed and conducted
as provided in Section 100171, may suspend or revoke any permit
issued pursuant to this chapter if the department determines pursuant
to the hearing that the permittee is not complying with the permit,
this chapter, or any regulation, standard, or order issued or adopted
thereunder, or that the permittee has made a false statement or
representation on any application, record, or report maintained or
submitted for purposes of compliance with this chapter. If the permit
at issue has been temporarily suspended pursuant to subdivision (c),
the accusation shall be served and notice of the hearing date given
within 15 days of the effective date of the temporary suspension
order. The commencement of the hearing shall be as soon as
practicable, but in no case later than 60 days after the effective
date of the temporary suspension order.
(b) The permittee may file with the superior court a petition for
a writ of mandate for review of any decision of the department made
pursuant to subdivision (a). Failure to file a petition shall not
preclude a party from challenging the reasonableness or validity of a
decision of the department in any judicial proceeding to enforce the
decision or from pursuing any remedy authorized by this chapter.
(c) The department may temporarily suspend any permit issued
pursuant to this chapter prior to any hearing when the action is
necessary to prevent an imminent or substantial danger to health. The
director shall notify the permittee of the temporary suspension and
the effective date thereof and, at the same time, notify the
permittee that a hearing has been scheduled. The hearing shall be
held as soon as possible, but not later than 15 days after the
effective date of the temporary suspension and shall deal only with
the issue of whether the temporary suspension shall remain in place
pending a hearing on the merits. The temporary suspension shall
remain in effect until the hearing is completed and the director has
made a final determination on the temporary suspension, that in any
event shall be made within 15 days after the completion of the
hearing. If the determination is not transmitted within 15 days after
the hearing is completed, the temporary suspension shall be of no
further effect. Dissolution of the temporary suspension does not
deprive the department of jurisdiction to proceed with a hearing on
the merits under subdivision (a).