118350-118360

HEALTH AND SAFETY CODE
SECTION 118350-118360




118350.  The enforcement agency may suspend, amend, or revoke any
medical waste permit issued by the enforcement agency for any of the
following reasons:
   (a) Violation by the permittee of any of the provisions of this
part or any regulation adopted pursuant to this part.
   (b) Violation of any term or condition of the permit.
   (c) Aiding, abetting, or permitting the violation specified in
subdivision (a) or (b) or interference in the performance of the duty
of the enforcement officer.
   (d) Proof that the permittee has intentionally made false
statements, or failed to disclose fully all relevant facts, in any
material regard, on the application for a medical waste permit.
   (e) The conviction of a permittee, or the person in charge of the
activity subject to the medical waste permit, of any crime that is
substantially related to the qualifications or duties of the
permittee or the person in charge of the activity, or that is
substantially related to the functions that are subject to the
medical waste permit.
   For purposes of this section, a conviction means a plea or verdict
of guilty or a conviction following a plea of nolo contendere. An
action to revoke or suspend the medical waste permit may be taken
when the time for appeal has elapsed or the judgment of conviction
has been affirmed on appeal. That action may also be taken when an
order granting probation is made suspending the imposition of
sentence, notwithstanding any subsequent order pursuant to Section
1203.4 of the Penal Code. The enforcement agency shall take into
account all competent evidence of rehabilitation furnished by the
permittee or person in charge of the permitted activity.
   (f) A change in any condition that requires either a temporary or
permanent modification, reduction, or termination of the permitted
operation to bring it into compliance with the requirements of this
part and the regulations adopted pursuant to this part.



118355.  Proceedings conducted by the department for the suspension
or revocation of a medical waste permit shall commence with the
filing of any accusation and shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the department shall have all the
powers granted to a department in that chapter.



118360.  The enforcement agency may temporarily suspend a medical
waste permit prior to any hearing, when it has determined that this
action is necessary to protect the public welfare. The enforcement
agency shall notify the permittee of the temporary suspension and the
effective date thereof and, at the same time, shall serve the
permittee with an accusation.
   Upon receipt of a notice of defense by the permittee, the matter
shall, within 15 days, be set for hearing. The hearing 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 enforcement agency has made a final
determination on the merits. However, the temporary suspension is
vacated if the enforcement agency fails to make a final determination
on the merits within 60 days after the original hearing has been
completed.