Section 1416.82 Of Article 5. Enforcement From California Health And Safety Code >> Division 2. >> Chapter 2.35. >> Article 5.
1416.82
. (a) Proceedings to suspend or revoke licensure for grounds
specified in Section 1416.77 shall be conducted in accordance with
Section 100171. In the event of conflict between this chapter and
Section 100171, Section 100171 shall prevail.
(b) (1) The program may temporarily suspend any license prior to
any hearing if the action is necessary to protect the public welfare.
The program shall notify the licensee of the temporary suspension
and the effective date. Upon receipt of a notice of defense by the
licensee, the department shall set the matter within 15 days. The
administrative hearing conducted in accordance with Section 100171
shall be held as soon as possible but not later than 30 days after
receipt of the notice. The temporary suspension shall remain in
effect until the hearing is completed and the department has made a
final determination on the merits. However, the temporary suspension
shall be deemed vacated if the department fails to make a final
determination on the merits of the action 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 licensee, the director may suspend the license for the
violation.
(2) If the program determines that the temporary suspension shall
become an actual suspension, the department shall specify the period
of the suspension, not to exceed two years. The program may determine
that the suspension shall be stayed, and place the licensee on
probation for a period that shall not exceed two years.
(c) The program may suspend or revoke a license prior to any
hearing when immediate action is necessary in the judgment of the
director to protect the public welfare. Proceedings for immediate
revocation shall be conducted in accordance with Section 100171. The
department shall set the matter for hearing within 15 days and hold
the administrative hearing as soon as possible but not later than 30
calendar days from receipt of the request for a hearing. A written
hearing decision upholding or setting aside the action shall be sent
by certified mail to the licenseholder within 30 calendar days of the
hearing.