Article 10. Administrative Procedure of California Health And Safety Code >> Division 104. >> Part 9. >> Chapter 8. >> Article 10.
(a) In any proceeding under this chapter for granting or
amending any license, or for determining compliance with, or granting
exceptions from, regulations adopted in accordance with this
chapter, the department shall afford an opportunity for a hearing on
the record upon the request of any person whose interest may be
affected by the proceeding, and shall admit that person as a party to
the proceeding.
(b) Proceedings for the suspension or revocation of licenses under
this chapter shall be conducted pursuant to Section 100171.
(c) The adoption, repeal, or amendment of regulations pursuant to
this chapter shall be accomplished in conformity with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
Whenever the department finds that an emergency exists
requiring immediate action to protect the public health and safety,
the department may, without notice or hearing, issue a regulation or
order reciting the existence of the emergency and requiring that
action be taken as is deemed necessary to meet the emergency.
Notwithstanding any provision of this chapter, the regulation or
order shall be effective immediately. Any person to whom the
regulation or order is directed shall comply therewith immediately,
but on application to the department shall be afforded a hearing
within 15 days. On the basis of the hearing, the emergency regulation
or order shall be continued, modified, or revoked within 30 days
after the hearing.
Any final order entered in any proceeding under Sections
115145 and 115150 shall be subject to judicial review in the manner
prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.