Section 61419 Of Article 5. Bonding And Payment For Manufacturing Milk From California Food And Agricultural Code >> Division 21. >> Part 3. >> Chapter 1. >> Article 5.
61419
. (a) Whenever the director is satisfied, either by
investigation or after a hearing, that a handler is unable to pay for
any manufacturing milk purchased from any producer, and is further
satisfied that to permit the handler to continue to purchase and
receive any manufacturing milk from producers would be likely to
cause serious and irreparable loss to producer-creditors and other
producers, the director may thereupon and forthwith shorten the time
for hearing that is provided for in Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, and thereupon may issue an order to show cause why the license
of the handler should not be forthwith suspended or revoked. The time
of notice of the hearing shall not, however, be less than five days.
At the hearing the handler that is proceeded against shall be
ordered to show cause why the license should not be suspended or
revoked, or continued under conditions and provisions, if any, that
the director may consider just and proper and for the protection of
the best interests of the producer-creditors and producers from whom
the handler has been and is receiving any manufacturing milk.
Following the hearing, the decision of the director shall become
effective at the director's discretion.
(b) The hearing, in the case of an emergency, may be called upon
written notice which is served personally or by mail on the handler
that is involved. If the notice is sent by mail, the hearing date
shall be no sooner than 10 days after the notice is sent. It may be
held at the nearest office of the director or at any place that may
be most convenient in the discretion of the director for the
attendance of all of the parties that are involved.