Section 18064.5 Of Article 3. Infractions And Penalties From California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 7. >> Article 3.
18064.5
. (a) The director may, following the filing of an
accusation against a licensee under this part and prior to conducting
a hearing, exercise an option, with the consent of the licensee, to
enter into and adopt a stipulated penalty whereby the licensee agrees
to accept the terms and conditions of the penalty without hearing or
appeal by any party thereto.
(b) Except when the accusation alleges injury to, or fraud
against, the public or the state, the director may, following the
filing of an accusation against a licensee or prior to adopting any
recommendation resulting from a hearing, exercise an option, with the
consent of the licensee, to impose and require the payment of a
monetary penalty of a minimum and maximum amount for each violation
alleged and stipulated to by the licensee, as established by a
schedule under regulations adopted by the department and costs of
investigation and prosecution, without further hearing or appeal, and
without any other form of penalty against the licensee which may
otherwise have been imposed for the same offense or offenses had the
matter proceeded to hearing or had the director adopted the decision
of the hearing officer.
(c) If the accusation alleges injury to, or fraud against, an
individual purchaser or potential purchaser, the director may enter
into an agreement pursuant to subdivision (b), but such a compromise
and settlement shall include, in addition to the monetary penalty set
forth by regulation, compensation for the injury or fraud, including
all costs of investigation and prosecution.
(d) Each compromise settlement agreement and each monetary penalty
agreement entered into pursuant to this section shall be signed by
the respondent licensee, the director, and the accuser, or by their
authorized representatives, and filed with the Office of
Administrative Hearings, together with the department's notice of
withdrawal of the accusation upon which the action was initiated if
the compromise settlement agreement or monetary payment agreement is
entered into before the hearing.
(e) Failure of the respondent to honor the terms and conditions of
any agreement entered into under this section shall render the
agreement null and void, and shall be cause for action pursuant to
Section 18058 in the same manner as the department may have otherwise
proceeded, notwithstanding the agreement.
(f) The amount of the penalty provided for in subdivision (b)
shall not exceed five hundred dollars ($500) per violation and shall
be based upon the nature of the violation and the seriousness of the
violation against the purposes and provisions of this part.