California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 12 - Enforcement › Article 3 - Disciplinary Actions › Section 17813 - Enforcement Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  any order in resolution of a disciplinary proceeding for suspension or
				  revocation of a license, the Department may request the administrative law
				  judge to direct a licensee found to have committed a violation or violations of
				  the Act or this division to pay a sum not to exceed the reasonable costs of the
				  investigation and enforcement of the case.
(b) A certified copy of the actual costs, or
				  a good faith estimate of costs where actual costs are not available, signed by
				  the Department's designated representative shall be prima facie evidence of
				  reasonable costs of investigation and prosecution of the case. The costs shall
				  include the amount of investigative and enforcement costs up to the date of the
				  hearing, including, but not limited to, charges imposed by the Attorney
				  General.
(c) The administrative law
				  judge shall make a proposed finding of the amount of reasonable costs of
				  investigation and prosecution of the case when requested pursuant to subsection
				  (a). The Department may reduce or eliminate the cost award, or remand to the
				  administrative law judge where the proposed decision fails to make a finding on
				  costs requested pursuant to subsection (a).
(d) Where an order for recovery of costs is
				  made and timely payment is not made as directed in the decision, the Department
				  may enforce the order for repayment in any appropriate court. This right of
				  enforcement shall be in addition to any other rights the Department may have to
				  recover costs.
(e) In any action
				  for recovery of costs, proof of the decision shall be conclusive proof of the
				  validity of the order of payment and the terms for payment.
(f) Except as provided in subsection (g), the
				  Department shall not renew or reinstate any license of a licensee who has
				  failed to pay all of the costs ordered under this division.
(g) Notwithstanding subsection (f), the
				  Department may, in its discretion, conditionally renew or reinstate for a
				  maximum of one year the license of any licensee who demonstrates financial
				  hardship and enters into a formal agreement with the Department for
				  reimbursement within that one-year period for the unpaid costs.
(h) Nothing in this section shall preclude
				  the Department from including recovery of the costs of investigation and
				  enforcement of a case in any stipulated settlement.
1. New
					 section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021,
					 No. 40). This filing is a deemed emergency pursuant to Business and Professions
					 Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-28-2022 as an emergency; operative
					 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant
					 to Business and Professions Code sections
					 26013(b)(3)
					 and
					 26153.1(k).
					 A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-28-2022 order transmitted
					 to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section
						26013,
						Business and Professions Code. Reference: Sections
						125.3,
						26012
						and
						26031,
						Business and Professions Code.