California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 12 - Enforcement › Article 3 - Disciplinary Actions › Section 17809 - Disciplinary Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When an accusation recommending disciplinary action against a licensee has been
				  filed pursuant to Business and Professions Code section
				  26031,
				  the accusation shall be served on the licensee in accordance with Government
				  Code section
				  11505.
(b) A hearing shall be conducted in
				  accordance with the provisions of chapter 5 (commencing with section
				  11500) of part 1 of division 3 of
				  title 2 of the Government Code to determine if cause exists to take action
				  against the licensee. At the hearing, the Department shall have all of the
				  powers granted by the statutes cited above and by the Business and Professions
				  Code.
(c) If a hearing on an
				  accusation against a licensee results in a finding that the licensee has
				  committed any of the acts or omissions constituting grounds for disciplinary
				  action, the Department may order the license revoked, suspended outright for a
				  specified period of time, or suspended on probationary restriction for a
				  specified period of time, including terms and conditions of probation the
				  Department considers appropriate on the basis of its findings, impose a fine,
				  or any combination thereof. The Department may also issue other lawful orders
				  it considers appropriate on the basis of its findings.
(d) An accusation may be terminated by
				  written stipulation at any time prior to the conclusion of the hearing on the
				  accusation. If a licensee submits a proposed stipulation to the Department for
				  its consideration and the Department subsequently declines to accept the
				  proposed stipulation, the Department shall not thereafter be disqualified from
				  hearing evidence on the accusation and taking action thereon as authorized in
				  this section.
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					 emergency language will be repealed by operation of law on the following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
						26012,
						26031
						and
						26034,
						Business and Professions Code.