Section 12002.10 Of Chapter 1. General Provisions From California Fish And Game Code >> Division 9. >> Chapter 1.
12002.10
. (a) When a complaint has been filed in a court of
competent jurisdiction charging a person with a violation that may
result in suspension or revocation of any license or permit to take
abalone for commercial purposes, and no disposition of the complaint
has occurred within 90 days after it has been filed in the court, the
department may suspend the license or permit of that person.
(b) Whenever the department proposes to suspend a license or
permit under this section, notice and an opportunity to be heard
shall be given before taking the action. The notice shall contain a
statement setting forth the proposed action and the grounds therefor,
and notify the person of his or her right to a hearing as provided
in this section. Within 10 days after the receipt of the notice from
the department, the permitholder may request a hearing. The hearing
shall be held by the commission at the next regularly scheduled
hearing of the commission held more than 30 days after the notice of
intent to suspend the permit was sent. The person shall be given 10
days' notice of the time and place of the hearing.
(c) A decision shall be made within a reasonable time on whether
the license or permit shall be suspended until the disposition of the
complaint by the court. In determining whether to order the
suspension, the commission shall consider whether or not the
violation could have a detrimental effect on the resources and
whether or not a suspension is in the best public interest, and shall
find whether there is sufficient evidence that a violation has
occurred. A failure to make a finding that there is sufficient
evidence that a violation has occurred, or a finding there is
insufficient evidence, shall terminate the proceedings under this
section.
(d) If the person is acquitted of the charges or the charges are
dismissed, any suspension under this section is thereby terminated.
(e) No complaint shall be filed in a court charging a commercial
abalone violation, unless evidence supporting the charge has been
reviewed by the appropriate county or city prosecuting agency and a
criminal complaint has been issued by that agency.