Enforcement

Cal. BPC § 26031.01

California Statutes

(

a) Notwithstanding

Section 26031, the department may, before a hearing, suspend the license of a person who procured the issuance of the license by fraud, misrepresentation, deceit, or by the making of any material misstatement of fact in the application for such license. (

b) The department shall not order the suspension of a license pursuant to subdivision (a) 90 days after the date of issuance of the license. (

c) An order of suspension pursuant to subdivision (

a) shall expire on the effective date of a decision of the department after a hearing conducted pursuant to this section. (d)

(1) The department shall file and serve a person whose license is suspended pursuant to subdivision (

a) the order of suspension and a statement of issues as defined in

Section of the Government Code. The department may serve the person by regular mail addressed to the last known address of the person or by personal service.

(2) A person whose license is suspended pursuant to subdivision (

a) shall have days after service of the order of suspension and statement of issues in which to file with the department a written request for a hearing on the statement of issues filed against them. (3) (

A) The department shall hold a hearing within days after receipt of a request pursuant to paragraph (2) unless the person requests or agrees to a continuance. If the person does not request or agree to a continuance and a hearing is not commenced within days after receipt of the request for a hearing, the order of suspension shall be vacated and set aside unless the person requests or agrees to a continuance. (

B) If the person requests or agrees to a continuance, the department shall hold a hearing on the date to which the department and the person agreed. If a hearing is not commenced on that date, the order of suspension shall be vacated and set aside.

(4) If the department does not render a decision within days after completion of the hearing, the order of suspension shall be vacated and set aside. (

e) A hearing conducted pursuant to this

section shall in all respects, except as otherwise expressly provided herein, conform to the substantive and procedural provisions of

Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code applicable to a hearing on a statement of issues.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 26031.01
Date2021-07-12
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC26031.01.20217022

Enforcement

Cal. BPC § 26031.01

California Statutes

Enforcement

Cal. BPC § 26031.01

California Statutes

(

a) Notwithstanding

Section 26031, the department may, before a hearing, suspend the license of a person who procured the issuance of the license by fraud, misrepresentation, deceit, or by the making of any material misstatement of fact in the application for such license. (

b) The department shall not order the suspension of a license pursuant to subdivision (a) 90 days after the date of issuance of the license. (

c) An order of suspension pursuant to subdivision (

a) shall expire on the effective date of a decision of the department after a hearing conducted pursuant to this section. (d)

(1) The department shall file and serve a person whose license is suspended pursuant to subdivision (

a) the order of suspension and a statement of issues as defined in

Section of the Government Code. The department may serve the person by regular mail addressed to the last known address of the person or by personal service.

(2) A person whose license is suspended pursuant to subdivision (

a) shall have days after service of the order of suspension and statement of issues in which to file with the department a written request for a hearing on the statement of issues filed against them. (3) (

A) The department shall hold a hearing within days after receipt of a request pursuant to paragraph (2) unless the person requests or agrees to a continuance. If the person does not request or agree to a continuance and a hearing is not commenced within days after receipt of the request for a hearing, the order of suspension shall be vacated and set aside unless the person requests or agrees to a continuance. (

B) If the person requests or agrees to a continuance, the department shall hold a hearing on the date to which the department and the person agreed. If a hearing is not commenced on that date, the order of suspension shall be vacated and set aside.

(4) If the department does not render a decision within days after completion of the hearing, the order of suspension shall be vacated and set aside. (

e) A hearing conducted pursuant to this

section shall in all respects, except as otherwise expressly provided herein, conform to the substantive and procedural provisions of

Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code applicable to a hearing on a statement of issues.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 26031.01
Date2021-07-12
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC26031.01.20217022
Enforcement | CaseLite