1. (a) Neither the Secretary nor anyone acting on behalf of the Secretary, including the hearing ALJ, shall dismiss a case in which the Department proves a violation, however minor, of The Act.

2. (b) Notwithstanding subdivision (a), the Department may settle a revocation or a denial prior to or after a hearing. It may, following hearing, adjust discipline based upon factors set out in The Act.

   1. (1) Settlements may include, by way of example and not limitation, tailoring admissions or the effective date of action in exchange for longer than statutory prohibitions on reapplication; Conditional Licenses; stays of revocation pending performance on probationary status; licensee payment for heightened scrutiny during probation; suspensions; restitution; sealing of the stipulation; modifying the Accusation or Statement of Issues, or any combination of conditions that tailor the discipline to the circumstances of the case.
   2. (2) Settlements shall be in writing and signed by the parties or their respective counsel.

3. (c) An order shall be issued even where based upon sealed stipulation. A deputy to whom the Secretary has delegated the authority shall sign on behalf of the Department.

   1. (1) The order shall incorporate the settlement by reference and note the sealing of the stipulation.
4. (d) While stipulations may be sealed, the Accusation or Statement of Issues and the order shall not be sealed.

Note: Authority cited: Sections 407, 55483.5(c) and 56183.5(c), Food and Agricultural Code. Reference: Sections 404, 55484.5, 55485.75(d), 55524.5, 55525.75(d), 56185.5 and 56186.75, Food and Agricultural Code.

History

1. New article 6 (section 1705) and section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).