§ 28164 Licensee Order Hearing Rights

Key Takeaways

•If the government wants to punish a business (like taking away their license), they must first tell the business why and give them a chance to fight it in a hearing.
•The business has 30 days to ask for a hearing. If they don’t, the punishment happens automatically.
•If the business loses the hearing, they have 10 days to go to court to try to stop the punishment.
•If the business doesn’t follow the rules or the punishment, the government can take away their license right away.

Example

A restaurant keeps getting complaints about dirty kitchens. The health department tells the owner they plan to shut it down unless they fix the problems.

The restaurant owner gets a letter saying why the government wants to close them and has 30 days to ask for a hearing to fight it. If they don’t ask for a hearing, they have to close. If they lose the hearing, they have 10 days to go to court to try to stay open. If they ignore the rules, the government can shut them down immediately.

(a) No order issued pursuant to this chapter may become final except after notice to the affected licensee of the commissioner’s intention to make the order final and of the reasons for the finding. The commissioner shall also notify the licensee that upon receiving a request, the matter will be set for hearing to commence within 15 business days after receipt. The licensee may consent to have the hearing commence at a later date. If no hearing is requested within 30 days after the mailing or service of the required notice, and none is ordered by the commissioner, the order may become final without hearing and the licensee shall immediately discontinue the practices named in the order. If a hearing is requested or ordered, it shall be held in accordance with the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and the commissioner shall have all of the powers granted under that act. If, upon the hearing, it appears to the commissioner that the licensee is conducting business in an unsafe and injurious manner or is failing or has failed to comply with this division or any regulation or order of the commissioner, the commissioner shall make the order of discontinuance final and the licensee shall immediately discontinue the practices named in the order. (b) The licensee has 10 days after an order is made final to commence an action to restrain enforcement of the order. If the enforcement of the order is not enjoined within 10 days by the court in which the action is brought, the licensee shall comply with the order. (c) The commissioner may immediately revoke the licensee’s license if the licensee fails to comply with any order issued under this division. The commissioner shall not revoke the license if, within 10 days from the effective date of the revocation order, the licensee secures a court order restraining the enforcement of the commissioner’s revocation order. (Amended by Stats. 2022, Ch. 188, Sec. 17. (AB 2433) Effective January 1, 2023.)

Key Takeaways

•If the government wants to punish a business (like taking away their license), they must first tell the business why and give them a chance to fight it in a hearing.
•The business has 30 days to ask for a hearing. If they don’t, the punishment happens automatically.
•If the business loses the hearing, they have 10 days to go to court to try to stop the punishment.
•If the business doesn’t follow the rules or the punishment, the government can take away their license right away.

Example

A restaurant keeps getting complaints about dirty kitchens. The health department tells the owner they plan to shut it down unless they fix the problems.

Key Takeaways

Example

Key Terms

References

§ 28164 Licensee Order Hearing Rights

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References