Section 8254.7 Of Article 5. Lobster From California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 2. >> Article 5.
8254.7
. When a complaint has been filed in a court of competent
jurisdiction charging a holder of a commercial lobster permit with a
violation of Section 8251 or 8252, and no disposition of the
complaint has occurred within 90 days after it has been filed in the
court, the department may suspend the commercial lobster permit of
the person. The permitholder whose permit was suspended under this
section may, within 10 days after the receipt of the suspension
notice from the department, request a hearing, and, within 20 days
after the request has been made, a hearing shall be held by the
commission. A decision shall be made within a reasonable time on
whether the suspension of the permit shall be terminated or continued
until the disposition of the complaint by the court. In determining
whether to terminate or continue the suspension of the permit, the
commission shall consider whether or not the violation could have a
detrimental effect on the resources and whether or not a continued
suspension of the permit 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 that there is
insufficient evidence shall terminate the suspension of the permit
under this section. If the permitholder is acquitted of the charges
or the charges against him or her have been dismissed, any suspension
of the permit is thereby terminated. No complaint shall be filed in
a court charging a commercial lobster permitholder with a violation
of Section 8251 or 8252 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.