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HomeHealth and Safety CodeDiv. 101Pt. 1Ch. 2Art. 1§ 100170 Department Legal Enforcement Authority

§ 100170 Department Legal Enforcement Authority

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 100170 Department Legal Enforcement Authority

This law lets the department start lawsuits to enforce its rules, force people to do things the law says they must, and defend itself in court, all under the department’s name.

Key Takeaways

  • •The department can start legal actions to enforce its regulations.
  • •It can force anyone to do something the state law says they must do.
  • •The department can defend itself in any legal case.
  • •All lawsuits are filed in the name of the department.

Example

A restaurant ignores a health code that the department set, like not keeping food at the right temperature.

The department can file a lawsuit to make the restaurant fix the problem and can also defend itself if the restaurant tries to sue the department.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 100170 Department Legal Enforcement Authority

(a) The department may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes: (1) To enforce its regulations. (2) To compel the performance of any act specifically enjoined upon any person, officer, or board, by any law of this state relating to its powers and duties. (b) It may defend all actions and proceedings involving its powers and duties. (c) In all actions and proceedings it shall sue and be sued under the name of the department. (Amended by Stats. 2006, Ch. 241, Sec. 18. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)

Last verified: January 11, 2026

Key Terms

enforce its regulationscompel the performancedefend all actionssue and be sued

Related Statutes

  • § 100150 Health Services Department Duties
  • § 100155 Health Department Fund Transfers
  • § 100160 Employee Transfer Protection
  • § 100165 Department Property Control
  • § 100171 Department Adjudicative Hearings

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 100170.
View Official Source