1. (a) Pursuant to Business and Professions Code section 494, the Department may petition for an interim order to suspend any license or impose licensing restrictions upon any licensee if:

   1. (1) The licensee has engaged in acts or omissions constituting a violation of the Business and Professions Code or this division, or been convicted of a crime substantially related to the licensed activity, and
   2. (2) Permitting the licensee to continue to engage in the licensed activity would endanger the public health, safety, or welfare.

2. (b) An interim order for suspension or restrictions may be issued with notice, as follows:

   1. (1) The Department shall provide the licensee with at least 15 days' notice of the hearing on the petition for an interim order.
   2. (2) The notice shall include all documents submitted in support of the petition.

3. (c) An interim order for suspension or restrictions may be issued without notice to the licensee if it appears from the Department's petition and supporting documents that serious injury would result to the public before the matter could be heard on notice.

   1. (1) The licensee shall be entitled to a hearing on the petition within 20 days after issuance of the initial interim order.
   2. (2) Notice of the hearing shall be provided to the licensee by the Department within two days after issuance of the initial interim order.
   3. (3) The licensee shall receive all documents in support of the petition.
4. (d) The Department shall file an accusation, pursuant to chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code, within 15 calendar days after issuance of the interim order.

Note: Authority cited: Section 26013, Business and Professions Code; Reference: Sections 494, 26011.5, 26012 and 26031, Business and Professions Code.

History

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 A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.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, including adjustment of subsection hierarchy; 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).