(A) Grounds. The LEA may suspend or revoke a permit if the LEA determines that information submitted in connection with an application for a permit or to renew a permit was materially false or that information material to the permit application or application to renew a permit was misrepresented, withheld, or concealed, in addition to failure to comply with the requirements of the CRFC.
(B) Notice of suspension or revocation. The LEA may initiate the suspension or revocation of a permit by either of the two actions: on the site of a MEHKO in an LEA inspection report; or issuance by the LEA of a notice of violation, which sets forth in clear and concise language the acts or omissions with which the permit holder is charged and informs the permit holder of their right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. Regardless of the method used to initiate the suspension or revocation of a permit, the LEA shall send to permit holder by certified mail, a copy of the notice document, and the permit holder shall be afforded an opportunity for a hearing and the written notice that the LEA provides to permit holder shall describe permit holder's hearing rights, in accordance with the CRFC of Cal. Health and Safety Code § 114405, as this section may be amended from time to time.
(C) Reinstatement of permit; issuance of new permit. A permit may be reinstated, or a new permit issued if the LEA determines that the conditions that prompted the suspension or revocation no longer exist.
(D) Evidence. The following rules shall apply to any hearing required by this chapter. Any hearing that takes place pursuant to this chapter shall be conducted in accordance with the provisions of the CRFC of Cal. Health and Safety Code § 114405, as this section may be amended from time to time. All parties shall have the right to offer a relevant testimonial, documentary, and tangible evidence bearing on the issues. Formal rules of evidence and discovery do not apply to proceedings governed by this chapter. Unless otherwise specifically prohibited by law, at a hearing conducted under this chapter, the LEA shall have the burden to establish the existence of a violation of the CRFC by the permit holder, and thereafter, the permit holder shall have the burden to establish why the permit holder's permit should not be suspended or revoked, whichever is applicable.
(E) Written notice of decision. If the permit holder requests a hearing in accordance with the procedures set forth in Cal. Health and Safety Code § 114405, the Hearing Officer shall issue a written notice of a decision to the permit holder in accordance with Cal. Health and Safety Code § 114407, as this section may be amended from time to time. The Hearing Officer's written notice of decision shall be a final administrative order, with no further administrative right of appeal or reconsideration. The Hearing Officer may sustain a suspension or revocation, overrule a suspension or revocation, reduce a revocation to a suspension and/or reduce the length of a suspension. Further, the Hearing Officer may stay the effective date of any suspension for a reasonable time following a hearing.
(F) Closure of operation; re-application. Any MEHKO for which the permit has been suspended shall close and remain closed until the permit has been reinstated. Any MEHKO for which the permit has been revoked shall close and remain closed until a new permit has been issued. No re-application will be accepted within one year after a permit is revoked.
(Ord. 1046, § 5, 2022)