California Health and Safety Code

§ 18064.2

HSC § 18064.2Div. 13 · Part 2 · Ch. 7 · Art. 3

Statute text

(a)If the director determines through an investigation that a person has engaged or is engaging in an activity which is a violation of this part, or which is a violation of a regulation of the department adopted for the purpose of implementing this part, and if the director finds that the action is required in the public interest, he or she may direct the person to desist and refrain from that activity by issuance of an order specifying the nature of the activity and the factual and legal basis for his or her determination. The respondent to whom the order is directed shall immediately, upon receipt of the order, cease the activity described in the order.

(b)The respondent may, within 30 days after service of the order to desist and refrain, file a written request for a hearing to contest the order.

(c)If a written request for hearing is received within 30 days of the date of service of the order, a hearing shall be held. The hearing shall be commenced within 30 days after receipt of respondent’s request unless the respondent agrees to a postponement. If the hearing is not held and a decision rendered by the director within 30 days after receipt of respondent’s request for a hearing, or the date to which continued with respondent’s consent, the order shall be deemed rescinded.

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Legislative history

Added by Stats. 1987, Ch. 707, Sec. 8.