Article 5. Suspension And Revocation of California Health And Safety Code >> Division 2. >> Chapter 1. >> Article 5.
The state department may suspend or revoke any license or
special permit issued under the provisions of this chapter upon any
of the following grounds and in the manner provided in this chapter:
(a) Violation by the licensee or holder of a special permit of any
of the provisions of this chapter or of the rules and regulations
promulgated under this chapter.
(b) Aiding, abetting, or permitting the violation of any provision
of this chapter or of the rules and regulations promulgated under
(c) Conduct inimical to the public health, welfare, or safety of
the people of the State of California in the maintenance and
operation of the premises or services for which a license or special
permit is issued.
Proceedings for the suspension, revocation, or denial of
licenses or special permits under this chapter shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the state department shall have all the powers granted by such
provisions. In the event of conflict between the provisions of this
chapter and such provisions of the Government Code, the provisions of
the Government Code shall prevail.
The director may temporarily suspend any license issued to a
specialty clinic or special permit prior to any hearing, when in his
opinion such action is necessary to protect the public welfare. The
director shall notify the licensee or holder of a special permit of
the temporary suspension and the effective date thereof, and at the
same time shall serve such provider with an accusation. Upon receipt
of a notice of defense by the licensee or holder of a special permit,
the director shall set the matter for hearing within 30 days after
receipt of such notice. The temporary suspension shall remain in
effect until such time as the hearing is completed and the director
has made a final determination on the merits; provided, however, that
the temporary suspension shall be deemed vacated if the director
fails to make a final determination on the merits within 60 days
after the original hearing has been completed.
If the provisions of this chapter or the rules or regulations
promulgated by the director are violated by a licensed surgical
clinic or chronic dialysis clinic or holder of a special permit which
is a group, corporation, or other association, the director may
suspend the license or special permit of such organization or may
suspend the license or special permit as to any individual person
within such organization who is responsible for such violation.
The withdrawal of an application for a license or a special
permit after it has been filed with the state department, shall not,
unless the state department consents in writing to such withdrawal,
deprive the state department of its authority to institute or
continue a proceeding against the applicant for the denial of the
license or special permit upon any ground provided by law, or to
enter an order denying the license or special permit upon any such
The suspension, expiration, or forfeiture by operation of law of a
license or a special permit issued by the state department, or its
suspension, forfeiture or cancellation by order of the state
department or by order of a court of law, or its surrender without
the written consent of the state department, shall not deprive the
department of its authority to institute or continue a disciplinary
proceeding against the licensee or holder of a special permit upon
any ground provided by law or to enter an order suspending or
revoking the license or special permit or otherwise taking
disciplinary action against the licensee or holder of a special
permit on any such ground.
Any license or special permit revoked pursuant to this
chapter may be reinstated pursuant to the provisions of Section 11522
of the Government Code.
Any licensee or holder of a special permit may, with the
approval of the state department, surrender his license or special
permit for suspension by the state department for a temporary period
not to exceed 24 consecutive months. Any license or special permit
suspended pursuant to this section may be reinstated by the state
department on receipt of an application and after an inspection
showing full compliance with all applicable licensing requirements.