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HomeHealth and Safety CodeDiv. 2Ch. 2Art. 5§ 1296 Emergency License Suspension

§ 1296 Emergency License Suspension

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1296 Emergency License Suspension

Key Takeaways

  • •The boss can take away a license or permit right away if they think it's needed to keep people safe.
  • •The boss must tell the person or group why their license is taken away and give them a chance to explain in a hearing.
  • •The hearing must happen within 30 days, and the boss must make a final decision within 60 days after the hearing.
  • •If a group or company breaks the rules, the boss can punish the whole group or just the person who caused the problem.

Example

A restaurant keeps serving spoiled food that makes people sick.

The health department boss can immediately close the restaurant by taking away its license to keep people safe. The boss must tell the restaurant why and set up a hearing within 15 days. The hearing must happen within 30 days, and the boss has to decide within 60 days after the hearing if the restaurant can open again. If the boss doesn't decide in time, the restaurant can open again.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1296 Emergency License Suspension

The director may temporarily suspend any license or special permit prior to any hearing, when in his or her opinion the action is necessary to protect the public welfare. The director shall notify the licensee or holder of a special permit of the temporary suspension and the effective date thereof and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense by the licensee or holder of a special permit, the director shall within 15 days set the matter for hearing, which shall be held as soon as possible but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed. If the provisions of this chapter or the rules or regulations promulgated by the director are violated by a licensee or holder of a special permit which is a group, corporation, or other association, the director may suspend the license or special permit of such organization or may suspend the license or special permit as to any individual person within the organization who is responsible for the violation. (Amended by Stats. 1987, Ch. 1425, Sec. 1.)

Last verified: January 23, 2026

Key Terms

corporationterminationhearingregulationlicensedirectorpensionorganization

Related Statutes

  • § 1242 Emergency Clinic License Suspension
  • § 1416.82 License Suspension Procedures
  • § 1298 Health Facility License Requirement
  • § 17925 Local Building Standard Appeals
  • § 1416.72 Citation Appeal Process

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 1296.
View Official Source