Section 228.22 - Administrative Procedures for a Suspension or Revocation of Permit(a) A manufacturer that has received an order of suspension or revocation from the department may request in writing a hearing on the matter as specified in Section 228.18. Any hearing shall be conducted by the director or by a hearing officer appointed by the director from the officers or employees of the department. (1) If a manufacturer wishes to have a hearing before the effective date of the order of suspension or revocation, the request for hearing shall be made within ten days of the receipt of the order of suspension or revocation. The hearing shall be held at a time and place designated by the department.(2) The department shall hold the hearing before the effective date of the order of suspension or revocation if the request for hearing is received by the by the department on or before ten days after the manufacturer's receipt of the order of suspension or revocation.(3) The only issues at the hearing on an order of suspension of revocation shall be those listed in subsections (a) and (b) of Section 228.20.(4) Upon conclusion of the hearing the director or the hearing officer shall make findings and render a determination of behalf of the department and shall notify the manufacturer. The decision shall take effect as stated in the order of suspension or revocation.(5) A request for hearing does not stay the order of suspension or revocation. If the department does not conduct a hearing and make a determination before the effective date of the suspension or revocation, the department shall stay the effective date of the order pending the determination.(b) If a suspension or revocation is effective immediately as specified in subsection (b) of Section 228.20, the manufacturer may request a hearing within five days of receipt of the order of suspension or revocation. The department shall provide for a hearing within a reasonable time not to exceed 21 days after a written request for hearing is filed with the department. A request for hearing does not stay the effective date of the suspension or revocation. (1) If the order is for a suspension of a permit, at the hearing the manufacturer shall show cause why the suspension should not be continued. Following the hearing the department may terminate the suspension or continue the suspension in effect.(2) If the order is for a revocation of a permit, at the hearing the manufacturer shall show cause why the permit should not be revoked. Following the hearing the department may sustain the revocation or determine that the permit should be suspended.(c) All matters in a hearing not covered by this section shall be governed, as far as applicable, by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.Cal. Code Regs. Tit. 13, § 228.22
1. New section filed 2-26-2018; operative 4-1-2018 (Register 2018, No. 9). Note: Authority cited: Sections 1651 and 38750, Vehicle Code. Reference: Section 38750, Vehicle Code.
1. New section filed 2-26-2018; operative 4/1/2018 (Register 2018, No. 9).