Section 13197.6 Of Chapter 1.8. Automatic Fire Extinguisher Systems From California Health And Safety Code >> Division 12. >> Part 2. >> Chapter 1.8.
13197.6
. (a) If the State Fire Marshal or his or her designee
determines that the public interest and public welfare will be
adequately served by permitting a person licensed under this chapter
to pay a monetary penalty to the State Fire Marshal in lieu of an
actual license suspension, the State Fire Marshal or his or her
designee may stay the execution of all or part of the suspension if
all of the following conditions are met:
(1) The violation that is the cause for the suspension did not
pose, or have the potential to pose, a significant threat or risk of
harm to the public.
(2) The licensee pays a monetary penalty.
(3) The licensee does not incur any other cause for disciplinary
action within a period of time specified by the State Fire Marshal or
his or her designee.
In making the determination, the State Fire Marshal or his or her
designee shall consider the seriousness of the violation, the
violator's record of compliance with the law, the impact of the
determination on the licensee, the licensee's employees or customers,
and other relevant factors.
(b) The State Fire Marshal or his or her designee may exercise the
discretion granted under this section either with respect to a
suspension ordered by a decision after a contested hearing on an
accusation against the licensee or by stipulation with the licensee
after the filing of an accusation, but prior to the rendering of a
decision based upon the accusation. In either case, the terms and
conditions of the disciplinary action against the licensee shall be
made part of a formal decision of the State Fire Marshal or his or
her designee.
(c) If a licensee fails to pay the monetary penalty in accordance
with the terms and conditions of the decision of the State Fire
Marshal or his or her designee, the State Fire Marshal or his or her
designee may, without a hearing, order the immediate execution of all
or any part of the stayed suspension in which event the licensee
shall not be entitled to any repayment nor credit, prorated or
otherwise, for money paid to the State Fire Marshal under the terms
of the decision.
(d) The amount of the monetary penalty payable under this section
shall not exceed two hundred fifty dollars ($250) for each day of
suspension stayed nor a total of ten thousand dollars ($10,000) per
decision regardless of the number of days of suspension stayed under
the decision.
(e) Any monetary penalty received pursuant to this section shall
be deposited in the State Fire Marshal Licensing and Certification
Fund.
(f) On or before March 1 of each year, the State Fire Marshal
shall make available to the public data showing the percentage of
enforcement actions taken that resulted in license suspension or the
assessment of monetary penalties pursuant to this section.