Section 11514 Of Chapter 2. General Provisions From California Food And Agricultural Code >> Division 6. >> Chapter 2.
11514
. Whenever a decision of the director suspends for 30 days or
less the license of a person licensed pursuant to Sections 11701 to
11709, inclusive, or Sections 11901 to 11913, inclusive, and such
suspension becomes final, the licensee may, before the operative date
of such suspension, petition the director for permission to make a
monetary payment in lieu of serving all, or a portion, of the
suspension. Upon receipt of such petition, the director may stay the
suspension while he makes such investigation as he deems desirable
and may grant the petition if he is satisfied (a) that the public
health, safety and welfare will not be impaired by permitting the
licensee to operate during the period set for suspension; (b) the
payment of the sum of money will achieve the desired disciplinary
purpose; and (c) that it will be possible to determine with
reasonable accuracy from the records of the licensee the services
which would have been performed under the privilege of the license
during the period in which the license would have been suspended.
As to a licensee engaged for hire in the business of pest control,
the monetary payment stated in the petition shall be in a specific
amount, which is estimated to be the equivalent of 20 percent of the
gross receipts of the licensee for each day of the suspension and
shall not be less than two hundred fifty dollars ($250) nor more than
two thousand five hundred dollars ($2,500).
As to a licensee licensed with a pest control aircraft pilot's
certificate, the monetary payment in the petition shall be in a
specific amount, which is estimated to be the equivalent of 50
percent of the gross earnings of the licensee for all work performed
by him under the privileges of the license for each day of the
suspension and shall not be less than one hundred dollars ($100) nor
more than one thousand dollars ($1,000).
When the decision provides that a portion of the suspension shall
be stayed on probationary conditions, the petition shall not apply to
the portion of the suspension which is so stayed, nor shall such
portion be included in determining the 30-day limitation for
eligibility of the petition.
If the petition is accepted, then upon payment by the licensee of
the sum specified the director shall enter his order permanently
staying all or a portion of the suspension in accordance with the
petition.
All payments received pursuant to this section shall be credited
to the Department of Agriculture Fund for use in the administration
and enforcement of this division.