1. (a) If the department seeks action against a certifying agent or manufacturer, an opportunity to appeal the action must be afforded.
2. (b) The certifying agent whose registration has been denied, suspended, pending revocation or is revoked may request an appeal by filing a written notice with the department no later than 30 calendar days after the date of the department's written notice of the suspension, denial, intent to revoke, or revocation.
3. (c) The manufacturer whose registration has been denied, suspended, pending revocation or is revoked may request an appeal by filing a written notice with the department no later than 30 calendar days after the date of the department's written notice of the suspension, denial, intent to revoke, or revocation.
4. (d) If certifying agent or manufacturer fails to submit a timely written request for appeal pursuant to this section, the department may proceed without a hearing.
5. (e) Any appeal requested under this section must be conducted pursuant to the procedures specified in Section 131071 of Division 101 of the Health and Safety Code.

Note: Authority cited: Sections 100275, 110065, 110835 and 113115, Health and Safety Code; and Section 26062(a)(2), Business and Professions Code. Reference: Section 26062.5, Business and Professions Code.

History

1. New section filed 7-1-2021 pursuant to Government Code section 11343.8; operative 7-1-2021. Submitted to OAL for filing and printing only pursuant to Business and Professions Code section 26062(a)(2) (Register 2021, No. 27).