Section 18064.2 Of Article 3. Infractions And Penalties From California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 7. >> Article 3.
18064.2
. (a) If the director determines through an investigation
that a person has engaged or is engaging in an activity which is a
violation of this part, or which is a violation of a regulation of
the department adopted for the purpose of implementing this part, and
if the director finds that the action is required in the public
interest, he or she may direct the person to desist and refrain from
that activity by issuance of an order specifying the nature of the
activity and the factual and legal basis for his or her
determination. The respondent to whom the order is directed shall
immediately, upon receipt of the order, cease the activity described
in the order.
(b) The respondent may, within 30 days after service of the order
to desist and refrain, file a written request for a hearing to
contest the order.
(c) If a written request for hearing is received within 30 days of
the date of service of the order, a hearing shall be held. The
hearing shall be commenced within 30 days after receipt of respondent'
s request unless the respondent agrees to a postponement. If the
hearing is not held and a decision rendered by the director within 30
days after receipt of respondent's request for a hearing, or the
date to which continued with respondent's consent, the order shall be
deemed rescinded.
(d) If a person served with an order issued pursuant to this
section fails to file a written request for a hearing within 30 days
from the date of service of the order, the order shall be deemed a
final order of the director and shall not be subject to review by any
court or agency.