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HomeHealth and Safety CodeDiv. 2Ch. 2.2Art. 8§ 1392 Director Enforcement Authority

§ 1392 Director Enforcement Authority

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

§ 1392 Director Enforcement Authority

Key Takeaways

  • •If someone breaks the rules in this law, the director can go to court to stop them or make them follow the rules.
  • •The director can also ask for extra help from the court, like freezing someone's assets or putting someone in charge of their business.
  • •If the court appoints someone to take over a business, that person can do almost anything the business owner could do, even file for bankruptcy.
  • •No one can sue the director or the person the court put in charge for doing their job as ordered by the court.

Example

A company is selling fake medicine that doesn't work and is making people sick.

The director can go to court to stop the company from selling the fake medicine. The court might also put someone else in charge of the company to make sure they follow the rules. That person could even decide to close the company if needed. The company owner can't sue the director or the person in charge for doing this.

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

Official Source
View on CA.gov

§ 1392 Director Enforcement Authority

(a) (1) Whenever it appears to the director that any person has engaged, or is about to engage, in any act or practice constituting a violation of any provision of this chapter, any rule adopted pursuant to this chapter, or any order issued pursuant to this chapter, the director may bring an action in superior court, or the director may request the Attorney General to bring an action to enjoin these acts or practices or to enforce compliance with this chapter, any rule or regulation adopted by the director pursuant to this chapter, or any order issued by the director pursuant to this chapter, or to obtain any other equitable relief. (2) If the director determines that it is in the public interest, the director may include in any action authorized by paragraph (1) a claim for any ancillary or equitable relief and the court shall have jurisdiction to award this additional relief. (3) Upon a proper showing, a permanent or preliminary injunction, restraining order, writ of mandate, or other relief shall be granted, and a receiver, monitor, conservator, or other designated fiduciary or officer of the court may be appointed for the defendant or the defendant’s assets. (b) A receiver, monitor, conservator, or other designated fiduciary, or officer of the court appointed by the superior court pursuant to this section may, with the approval of the court, exercise any or all of the powers of the defendant’s officers, directors, partners, or trustees, or any other person who exercises similar powers and performs similar duties, including the filing of a petition for bankruptcy. No action at law or in equity may be maintained by any party against the director, or a receiver, monitor, conservator, or other designated fiduciary or officer of the court by reason of their exercising these powers or performing these duties pursuant to the order of, or with the approval of, the superior court. (Amended by Stats. 1999, Ch. 525, Sec. 140. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)

Last verified: January 23, 2026

Key Terms

complianceregulationinjunctionclaimrestraining orderdirectordefendantbankruptcy

Related Statutes

  • § 1392.5 Director Of Managed Health Care Injunctions
  • § 1394.5 Service Of Process Rules
  • § 25181 Environmental Violation Injunctions
  • § 1375.4 Risk-Bearing Organization Financial Requirements
  • § 1376 Financial Responsibility Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 1392.
View Official Source