(A) Any permit issued pursuant to § 52.057 is subject to suspension or termination prior to expiration as provided in this section:
(1) Grounds. Any of the following occurrences constitutes a ground for termination of the permit:
(a) Suspension, revocation or termination of the license required by § 52.062 of the person who is to perform the work; or
(b) Failure of such person to comply with any provision of Cal. Lab. Code § 3800; or
(c) Failure of such person or of any person who owns or possesses the well to comply with any provision of this subchapter or any permit issued pursuant thereto.
(2) Notice. To initiate proceedings to terminate a permit, the director shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the suspected occurrence which constitutes a ground for termina-tion, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing the proposed grounds for evidence do not exist, and shall state that failure to appear and present such evidence may result in termination of the permit.
(3) Hearing. The director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 calendar days thereafter, the director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there are grounds for suspension. The determination of the director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based. If it is determined that there is grounds for termination, the director shall terminate the permit; provided, however, that the director shall have the discretion not to terminate the permit if the director determines that the occurrence which gave rise to the grounds for termination was not willful, is not ongoing and is not likely to recur.
(4) Prehearing suspension. The director may suspend a permit prior to the hearing when the director determines that such action is necessary to protect the public health and safety or the environment from imminent danger. The director shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the director makes a final determination based upon the hearing; provided, however, that the director may rescind the suspension at any earlier time at which the director determines that it is no longer necessary.
(B) This section shall not deprive the director or the county of the authority to pursue any other action or remedy otherwise available under the law.
(‘81 Code, § 8.40.090) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)