Section 18021.5 Of Chapter 3. Enforcement From California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 3.
18021.5
. (a) Any person who knowingly violates any of the
provisions of this part relating to licensing or titling and
registration, or any rules or regulations promulgated therefor, is
guilty of a misdemeanor, punishable by a fine not exceeding two
thousand dollars ($2,000) or by imprisonment not exceeding 30 days,
or by both.
(b) The department, after notice and hearing, may suspend or
revoke the license issued to a licensee, as provided for by this
part, who knowingly violates any of the provisions of this part. In
any hearing before a judge or in any administrative action before an
administrative law judge, the department may seek and may recover its
investigative and enforcement costs from the licensee unless the
licensee prevails on the charges. The department may also seek fines
and may seek restitution as provided in subdivision (d).
(c) Any person who knowingly violates any provision of this part
relating to licensing or titling and registration, or any rules or
regulations promulgated therefor, shall be liable for a civil penalty
not exceeding two thousand dollars ($2,000) for each violation or
for each day of a continuing violation. The department shall
institute or maintain an action in a court of appropriate
jurisdiction to collect any civil penalty arising under this section.
(d) In addition to the other remedies provided in this section,
the department may pursue any other remedies provided for in this
part and may seek restitution for any monetary loss to a purchaser,
seller, licensee, financing agency, governmental agency, or other
person or entity suffering a monetary loss as a result of a violation
of this part.
(e) In any disciplinary hearing before an administrative law judge
concerning licensing, upon request of the department and pursuant to
appropriate proof, the administrative law judge shall make the
following findings:
(1) The amount of the actual and direct monetary loss to any
person or entity as a result of fraud, willful misrepresentation, or
breach of warranty or guarantee by the respondent.
(2) The amount of the department's investigative and enforcement
costs up to and including the date of the hearing, including, but not
limited to, charges imposed by the Office of Administrative Hearings
for hearing the case and issuing a proposed decision.