101025. The board of supervisors of each county shall take measures
as may be necessary to preserve and protect the public health in the
unincorporated territory of the county, including, if indicated, the
adoption of ordinances, regulations and orders not in conflict with
general laws, and provide for the payment of all expenses incurred in
enforcing them.
101029. The sheriff of each county, or city and county, may enforce
within the county, or the city and county, all orders of the local
health officer issued for the purpose of preventing the spread of any
contagious, infectious, or communicable disease. Every peace officer
of every political subdivision of the county, or city and county,
may enforce within the area subject to his or her jurisdiction all
orders of the local health officer issued for the purpose of
preventing the spread of any contagious, infectious, or communicable
disease. This section is not a limitation on the authority of peace
officers or public officers to enforce orders of the local health
officer. When deciding whether to request this assistance in
enforcement of its orders, the local health officer may consider
whether it would be necessary to advise the enforcement agency of any
measures that should be taken to prevent infection of the
enforcement officers.
101030. The county health officer shall enforce and observe in the
unincorporated territory of the county, all of the following:
(a) Orders and ordinances of the board of supervisors, pertaining
to the public health and sanitary matters.
(b) Orders, including quarantine and other regulations, prescribed
by the department.
(c) Statutes relating to public health.
101035. The county health officer shall advise on medical matters
any board or body vested with the management of any county pension or
retirement system and shall attend the meetings of the board or body
when requested by the board or body.
101040. (a) The local health officer may take any preventive
measure that may be necessary to protect and preserve the public
health from any public health hazard during any "state of war
emergency," "state of emergency," or "local emergency," as defined by
Section 8558 of the Government Code, within his or her jurisdiction.
(b) "Preventive measure" means abatement, correction, removal or
any other protective step that may be taken against any public health
hazard that is caused by a disaster and affects the public health.
Funds for these measures may be allowed pursuant to Sections 29127 to
29131, inclusive, and 53021 to 53023, inclusive, of the Government
Code and from any other money appropriated by a county board of
supervisors or a city governing body to carry out the purposes of
this section.
(c) The local health officer, upon consent of the county board of
supervisors or a city governing body, may certify any public health
hazard resulting from any disaster condition if certification is
required for any federal or state disaster relief program.
101045. The county health officer shall investigate health and
sanitary conditions in every county jail, every other publicly
operated detention facility in the county, and all private work
furlough facilities and programs established pursuant to Section 1208
of the Penal Code, at least annually. Private work furlough
facilities and programs shall pay an annual fee to the county health
officer commensurate with the annual cost of those investigations, as
determined by the county health officer. He or she may make
additional investigations of any county jail or other detention
facility of the county as he or she determines necessary. He or she
shall submit a report to the Board of Corrections, the sheriff or
other person in charge of the jail or detention facility, and to the
board of supervisors. In any city having a health officer, the city
health officer shall investigate health and sanitary conditions in
every city jail and other detention facility at least annually. He or
she may make additional investigations of any city jail or detention
facility as he or she determines necessary. He or she shall submit a
report to the Board of Corrections, the person in charge of the jail
or detention facility, and to the city governing body.
Whenever requested by the sheriff, the chief of police, local
legislative body, or the Board of Corrections, but not more often
than twice annually, the county health officer or, in cities having a
city health officer, the city health officer, shall investigate
health and sanitary conditions in any of the jails and detention
facilities described in this section, and submit a report to each of
the officers and agencies authorized in this section to request the
investigation and to the Board of Corrections.
The investigating officer shall determine if the food, clothing,
and bedding is of sufficient quantity and quality that at least shall
equal minimum standards and requirements prescribed by the Board of
Corrections for the feeding, clothing and care of prisoners in all
local jails and detention facilities, and if the sanitation
requirements required by Article 11 (commencing with Section 114250)
of Chapter 4 of Part 7 of Division 107 for restaurants have been
maintained.
101050. (a) The county health officer shall prepare a list of
family planning and birth control clinics located in the county for
distribution by the county clerk pursuant to Section 26808 of the
Government Code. The list shall include information about the
availability of pregnancy testing services provided pursuant to
Section 123380.
(b) This section shall be inoperative from July 1, 1993, to June
30, 1994, inclusive.
101055. (a) The county health officer shall furnish all hospitals
within the county, and all physicians and surgeons upon request,
copies of the list prepared pursuant to Section 101050 in sufficient
numbers as they may need for voluntary distribution to patients.
(b) This section shall be inoperative from July 1, 1993, to June
30, 1994, inclusive.
101060. The county health officer may designate a nonprofit food
distribution agency to coordinate and facilitate the donation of food
and food products to nonprofit, charitable corporations, from
available sources, including restaurants, grocery stores, or food
distributors.
101070. (a) (1) The Legislature hereby finds and declares that the
dispensing or furnishing of drugs requiring a prescription pursuant
to Section 11470, a controlled substance as defined in Section 4021
of the Business and Professions Code, or a dangerous drug or a
dangerous device as defined in Section 4022 of the Business and
Professions Code, without a license poses a significant threat to the
public health, safety, and welfare of all residents of the state. In
recent years, the public has become increasingly exposed to a
proliferation of persons who engage in these illegal or dangerous
acts.
(2) The Legislature further finds and declares that extraordinary
measures are needed to control this burgeoning problem. Therefore,
the occasional enlistment of local health officers in regulatory and
enforcement functions normally reserved to the state is appropriate
and necessary in order to protect the health, safety, and welfare of
all persons of this state.
(3) Notwithstanding the foregoing, nothing contained in this
section shall be construed as limiting or supplanting the authority
of the state agencies charged with the regulation of the practice of
pharmacy.
(b) Whenever a local health officer determines that there exists
in his or her jurisdiction any person who, without a license, is
dispensing or furnishing drugs requiring a prescription pursuant to
Section 111470, a controlled substance as defined in Section 4021 of
the Business and Professions Code, or a dangerous drug or a dangerous
device as defined in Section 4022 of the Business and Professions
Code, the local health officer may take action against such person.
This action shall include, but not be limited to:
(1) Receiving and investigating complaints from the public, from
other licensees or from health care facilities that a person is
engaging in any or all of the activity set forth in this subdivision.
In conducting any investigation pursuant to this paragraph, the
local health officer shall have the assistance of, and be accompanied
by, a licensed pharmacist. The local health officer shall provide
the Board of Pharmacy, and any other state agency charged with
jurisdiction over the activity set forth in this subdivision, with a
copy of all complaints received pursuant to this paragraph.
(2) Issuing an order to the person to immediately cease and desist
from the unlawful activity described in this subdivision, after
confirming that the person is engaging in any or all of the activity
set forth in this subdivision, and determining that the person has
not been convicted of engaging in that activity pursuant to Section
11352.1 or any other applicable provision of law. In issuing the
order, the local health officer shall notify the person that the
activity is illegal in the State of California. In the event the
local health officer determines that any or all of the items
described in this subdivision must be confiscated, in addition to the
cease and desist order, the local health officer shall enlist the
aid of local law enforcement to execute confiscation of those items.
(3) Order the closure of the business, if any, operated, managed,
or owned by the person after confirming that the person is engaging
in any or all of the activity set forth in this subdivision, and
determining whether the person has previously been convicted of
engaging in that activity pursuant to Section 11352.1 or any other
applicable provision of law. If the public health officer has a
reasonable suspicion that the operation of a business poses an
immediate threat to public health, welfare, or safety, the business
may be ordered closed immediately while the hearing described in
subdivision (c) is pending. Immediate danger to the public health,
welfare, or safety includes, but is not limited to, evidence that the
person is providing, selling, or distributing drugs that require a
prescription, or dangerous drugs, devices, or controlled substances
without a license. In the event that the local health officer
determines that any or all of the items described in this subdivision
must be confiscated in addition to the closure of the business, that
officer shall enlist the aid of local law enforcement to execute the
confiscation of those items.
(c) (1) Any person engaging in any or all of the activity
described in subdivision (b) whose business is closed as a result of
action by local health officer pursuant to subdivision (b) shall be
entitled to a hearing to show cause why the closure was unwarranted.
(2) Whenever a local health officer orders the closure of a
business pursuant to subdivision (b), the local health officer shall
immediately issue to the owner a notice setting forth the acts or
omissions with which the owner is charged, specifying the pertinent
code section, and informing the owner of the right to a hearing, if
requested, to show cause why the business should not be closed.
(3) A written request for a hearing shall be submitted by the
person to the local health officer within 15 calendar days of
closure. A failure to request a hearing within 15 calendar days of
closure shall be deemed a waiver of the right to a hearing.
(4) The hearing shall be held within 15 calendar days of the
receipt of a request for a hearing; however, when circumstances
warrant, the hearing officer may order a hearing at any reasonable
time within this 15-day period to expedite the hearing process. Upon
written request of the person, the hearing officer may postpone any
hearing date, if circumstances warrant the postponement.
(5) The hearing officer shall issue a written notice of decision
to the person within five working days following the hearing. In the
event the hearing officer determines that the closure was warranted,
the notice shall specify the acts or omissions with which the person
is charged, and shall state that the business shall remain closed
permanently. Evidence that the person engaged in any or all of the
activity set forth in subdivision (b) shall constitute prima facie
evidence that permanent closure is warranted. Any business still
operating shall close immediately upon receipt of the written
decision ordering closure.
101025. The board of supervisors of each county shall take measures
as may be necessary to preserve and protect the public health in the
unincorporated territory of the county, including, if indicated, the
adoption of ordinances, regulations and orders not in conflict with
general laws, and provide for the payment of all expenses incurred in
enforcing them.
101029. The sheriff of each county, or city and county, may enforce
within the county, or the city and county, all orders of the local
health officer issued for the purpose of preventing the spread of any
contagious, infectious, or communicable disease. Every peace officer
of every political subdivision of the county, or city and county,
may enforce within the area subject to his or her jurisdiction all
orders of the local health officer issued for the purpose of
preventing the spread of any contagious, infectious, or communicable
disease. This section is not a limitation on the authority of peace
officers or public officers to enforce orders of the local health
officer. When deciding whether to request this assistance in
enforcement of its orders, the local health officer may consider
whether it would be necessary to advise the enforcement agency of any
measures that should be taken to prevent infection of the
enforcement officers.
101030. The county health officer shall enforce and observe in the
unincorporated territory of the county, all of the following:
(a) Orders and ordinances of the board of supervisors, pertaining
to the public health and sanitary matters.
(b) Orders, including quarantine and other regulations, prescribed
by the department.
(c) Statutes relating to public health.
101035. The county health officer shall advise on medical matters
any board or body vested with the management of any county pension or
retirement system and shall attend the meetings of the board or body
when requested by the board or body.
101040. (a) The local health officer may take any preventive
measure that may be necessary to protect and preserve the public
health from any public health hazard during any "state of war
emergency," "state of emergency," or "local emergency," as defined by
Section 8558 of the Government Code, within his or her jurisdiction.
(b) "Preventive measure" means abatement, correction, removal or
any other protective step that may be taken against any public health
hazard that is caused by a disaster and affects the public health.
Funds for these measures may be allowed pursuant to Sections 29127 to
29131, inclusive, and 53021 to 53023, inclusive, of the Government
Code and from any other money appropriated by a county board of
supervisors or a city governing body to carry out the purposes of
this section.
(c) The local health officer, upon consent of the county board of
supervisors or a city governing body, may certify any public health
hazard resulting from any disaster condition if certification is
required for any federal or state disaster relief program.
101045. The county health officer shall investigate health and
sanitary conditions in every county jail, every other publicly
operated detention facility in the county, and all private work
furlough facilities and programs established pursuant to Section 1208
of the Penal Code, at least annually. Private work furlough
facilities and programs shall pay an annual fee to the county health
officer commensurate with the annual cost of those investigations, as
determined by the county health officer. He or she may make
additional investigations of any county jail or other detention
facility of the county as he or she determines necessary. He or she
shall submit a report to the Board of Corrections, the sheriff or
other person in charge of the jail or detention facility, and to the
board of supervisors. In any city having a health officer, the city
health officer shall investigate health and sanitary conditions in
every city jail and other detention facility at least annually. He or
she may make additional investigations of any city jail or detention
facility as he or she determines necessary. He or she shall submit a
report to the Board of Corrections, the person in charge of the jail
or detention facility, and to the city governing body.
Whenever requested by the sheriff, the chief of police, local
legislative body, or the Board of Corrections, but not more often
than twice annually, the county health officer or, in cities having a
city health officer, the city health officer, shall investigate
health and sanitary conditions in any of the jails and detention
facilities described in this section, and submit a report to each of
the officers and agencies authorized in this section to request the
investigation and to the Board of Corrections.
The investigating officer shall determine if the food, clothing,
and bedding is of sufficient quantity and quality that at least shall
equal minimum standards and requirements prescribed by the Board of
Corrections for the feeding, clothing and care of prisoners in all
local jails and detention facilities, and if the sanitation
requirements required by Article 11 (commencing with Section 114250)
of Chapter 4 of Part 7 of Division 107 for restaurants have been
maintained.
101050. (a) The county health officer shall prepare a list of
family planning and birth control clinics located in the county for
distribution by the county clerk pursuant to Section 26808 of the
Government Code. The list shall include information about the
availability of pregnancy testing services provided pursuant to
Section 123380.
(b) This section shall be inoperative from July 1, 1993, to June
30, 1994, inclusive.
101055. (a) The county health officer shall furnish all hospitals
within the county, and all physicians and surgeons upon request,
copies of the list prepared pursuant to Section 101050 in sufficient
numbers as they may need for voluntary distribution to patients.
(b) This section shall be inoperative from July 1, 1993, to June
30, 1994, inclusive.
101060. The county health officer may designate a nonprofit food
distribution agency to coordinate and facilitate the donation of food
and food products to nonprofit, charitable corporations, from
available sources, including restaurants, grocery stores, or food
distributors.
101070. (a) (1) The Legislature hereby finds and declares that the
dispensing or furnishing of drugs requiring a prescription pursuant
to Section 11470, a controlled substance as defined in Section 4021
of the Business and Professions Code, or a dangerous drug or a
dangerous device as defined in Section 4022 of the Business and
Professions Code, without a license poses a significant threat to the
public health, safety, and welfare of all residents of the state. In
recent years, the public has become increasingly exposed to a
proliferation of persons who engage in these illegal or dangerous
acts.
(2) The Legislature further finds and declares that extraordinary
measures are needed to control this burgeoning problem. Therefore,
the occasional enlistment of local health officers in regulatory and
enforcement functions normally reserved to the state is appropriate
and necessary in order to protect the health, safety, and welfare of
all persons of this state.
(3) Notwithstanding the foregoing, nothing contained in this
section shall be construed as limiting or supplanting the authority
of the state agencies charged with the regulation of the practice of
pharmacy.
(b) Whenever a local health officer determines that there exists
in his or her jurisdiction any person who, without a license, is
dispensing or furnishing drugs requiring a prescription pursuant to
Section 111470, a controlled substance as defined in Section 4021 of
the Business and Professions Code, or a dangerous drug or a dangerous
device as defined in Section 4022 of the Business and Professions
Code, the local health officer may take action against such person.
This action shall include, but not be limited to:
(1) Receiving and investigating complaints from the public, from
other licensees or from health care facilities that a person is
engaging in any or all of the activity set forth in this subdivision.
In conducting any investigation pursuant to this paragraph, the
local health officer shall have the assistance of, and be accompanied
by, a licensed pharmacist. The local health officer shall provide
the Board of Pharmacy, and any other state agency charged with
jurisdiction over the activity set forth in this subdivision, with a
copy of all complaints received pursuant to this paragraph.
(2) Issuing an order to the person to immediately cease and desist
from the unlawful activity described in this subdivision, after
confirming that the person is engaging in any or all of the activity
set forth in this subdivision, and determining that the person has
not been convicted of engaging in that activity pursuant to Section
11352.1 or any other applicable provision of law. In issuing the
order, the local health officer shall notify the person that the
activity is illegal in the State of California. In the event the
local health officer determines that any or all of the items
described in this subdivision must be confiscated, in addition to the
cease and desist order, the local health officer shall enlist the
aid of local law enforcement to execute confiscation of those items.
(3) Order the closure of the business, if any, operated, managed,
or owned by the person after confirming that the person is engaging
in any or all of the activity set forth in this subdivision, and
determining whether the person has previously been convicted of
engaging in that activity pursuant to Section 11352.1 or any other
applicable provision of law. If the public health officer has a
reasonable suspicion that the operation of a business poses an
immediate threat to public health, welfare, or safety, the business
may be ordered closed immediately while the hearing described in
subdivision (c) is pending. Immediate danger to the public health,
welfare, or safety includes, but is not limited to, evidence that the
person is providing, selling, or distributing drugs that require a
prescription, or dangerous drugs, devices, or controlled substances
without a license. In the event that the local health officer
determines that any or all of the items described in this subdivision
must be confiscated in addition to the closure of the business, that
officer shall enlist the aid of local law enforcement to execute the
confiscation of those items.
(c) (1) Any person engaging in any or all of the activity
described in subdivision (b) whose business is closed as a result of
action by local health officer pursuant to subdivision (b) shall be
entitled to a hearing to show cause why the closure was unwarranted.
(2) Whenever a local health officer orders the closure of a
business pursuant to subdivision (b), the local health officer shall
immediately issue to the owner a notice setting forth the acts or
omissions with which the owner is charged, specifying the pertinent
code section, and informing the owner of the right to a hearing, if
requested, to show cause why the business should not be closed.
(3) A written request for a hearing shall be submitted by the
person to the local health officer within 15 calendar days of
closure. A failure to request a hearing within 15 calendar days of
closure shall be deemed a waiver of the right to a hearing.
(4) The hearing shall be held within 15 calendar days of the
receipt of a request for a hearing; however, when circumstances
warrant, the hearing officer may order a hearing at any reasonable
time within this 15-day period to expedite the hearing process. Upon
written request of the person, the hearing officer may postpone any
hearing date, if circumstances warrant the postponement.
(5) The hearing officer shall issue a written notice of decision
to the person within five working days following the hearing. In the
event the hearing officer determines that the closure was warranted,
the notice shall specify the acts or omissions with which the person
is charged, and shall state that the business shall remain closed
permanently. Evidence that the person engaged in any or all of the
activity set forth in subdivision (b) shall constitute prima facie
evidence that permanent closure is warranted. Any business still
operating shall close immediately upon receipt of the written
decision ordering closure.
101025. The board of supervisors of each county shall take measures
as may be necessary to preserve and protect the public health in the
unincorporated territory of the county, including, if indicated, the
adoption of ordinances, regulations and orders not in conflict with
general laws, and provide for the payment of all expenses incurred in
enforcing them.
101029. The sheriff of each county, or city and county, may enforce
within the county, or the city and county, all orders of the local
health officer issued for the purpose of preventing the spread of any
contagious, infectious, or communicable disease. Every peace officer
of every political subdivision of the county, or city and county,
may enforce within the area subject to his or her jurisdiction all
orders of the local health officer issued for the purpose of
preventing the spread of any contagious, infectious, or communicable
disease. This section is not a limitation on the authority of peace
officers or public officers to enforce orders of the local health
officer. When deciding whether to request this assistance in
enforcement of its orders, the local health officer may consider
whether it would be necessary to advise the enforcement agency of any
measures that should be taken to prevent infection of the
enforcement officers.
101030. The county health officer shall enforce and observe in the
unincorporated territory of the county, all of the following:
(a) Orders and ordinances of the board of supervisors, pertaining
to the public health and sanitary matters.
(b) Orders, including quarantine and other regulations, prescribed
by the department.
(c) Statutes relating to public health.
101035. The county health officer shall advise on medical matters
any board or body vested with the management of any county pension or
retirement system and shall attend the meetings of the board or body
when requested by the board or body.
101040. (a) The local health officer may take any preventive
measure that may be necessary to protect and preserve the public
health from any public health hazard during any "state of war
emergency," "state of emergency," or "local emergency," as defined by
Section 8558 of the Government Code, within his or her jurisdiction.
(b) "Preventive measure" means abatement, correction, removal or
any other protective step that may be taken against any public health
hazard that is caused by a disaster and affects the public health.
Funds for these measures may be allowed pursuant to Sections 29127 to
29131, inclusive, and 53021 to 53023, inclusive, of the Government
Code and from any other money appropriated by a county board of
supervisors or a city governing body to carry out the purposes of
this section.
(c) The local health officer, upon consent of the county board of
supervisors or a city governing body, may certify any public health
hazard resulting from any disaster condition if certification is
required for any federal or state disaster relief program.
101045. The county health officer shall investigate health and
sanitary conditions in every county jail, every other publicly
operated detention facility in the county, and all private work
furlough facilities and programs established pursuant to Section 1208
of the Penal Code, at least annually. Private work furlough
facilities and programs shall pay an annual fee to the county health
officer commensurate with the annual cost of those investigations, as
determined by the county health officer. He or she may make
additional investigations of any county jail or other detention
facility of the county as he or she determines necessary. He or she
shall submit a report to the Board of Corrections, the sheriff or
other person in charge of the jail or detention facility, and to the
board of supervisors. In any city having a health officer, the city
health officer shall investigate health and sanitary conditions in
every city jail and other detention facility at least annually. He or
she may make additional investigations of any city jail or detention
facility as he or she determines necessary. He or she shall submit a
report to the Board of Corrections, the person in charge of the jail
or detention facility, and to the city governing body.
Whenever requested by the sheriff, the chief of police, local
legislative body, or the Board of Corrections, but not more often
than twice annually, the county health officer or, in cities having a
city health officer, the city health officer, shall investigate
health and sanitary conditions in any of the jails and detention
facilities described in this section, and submit a report to each of
the officers and agencies authorized in this section to request the
investigation and to the Board of Corrections.
The investigating officer shall determine if the food, clothing,
and bedding is of sufficient quantity and quality that at least shall
equal minimum standards and requirements prescribed by the Board of
Corrections for the feeding, clothing and care of prisoners in all
local jails and detention facilities, and if the sanitation
requirements required by Article 11 (commencing with Section 114250)
of Chapter 4 of Part 7 of Division 107 for restaurants have been
maintained.
101050. (a) The county health officer shall prepare a list of
family planning and birth control clinics located in the county for
distribution by the county clerk pursuant to Section 26808 of the
Government Code. The list shall include information about the
availability of pregnancy testing services provided pursuant to
Section 123380.
(b) This section shall be inoperative from July 1, 1993, to June
30, 1994, inclusive.
101055. (a) The county health officer shall furnish all hospitals
within the county, and all physicians and surgeons upon request,
copies of the list prepared pursuant to Section 101050 in sufficient
numbers as they may need for voluntary distribution to patients.
(b) This section shall be inoperative from July 1, 1993, to June
30, 1994, inclusive.
101060. The county health officer may designate a nonprofit food
distribution agency to coordinate and facilitate the donation of food
and food products to nonprofit, charitable corporations, from
available sources, including restaurants, grocery stores, or food
distributors.
101070. (a) (1) The Legislature hereby finds and declares that the
dispensing or furnishing of drugs requiring a prescription pursuant
to Section 11470, a controlled substance as defined in Section 4021
of the Business and Professions Code, or a dangerous drug or a
dangerous device as defined in Section 4022 of the Business and
Professions Code, without a license poses a significant threat to the
public health, safety, and welfare of all residents of the state. In
recent years, the public has become increasingly exposed to a
proliferation of persons who engage in these illegal or dangerous
acts.
(2) The Legislature further finds and declares that extraordinary
measures are needed to control this burgeoning problem. Therefore,
the occasional enlistment of local health officers in regulatory and
enforcement functions normally reserved to the state is appropriate
and necessary in order to protect the health, safety, and welfare of
all persons of this state.
(3) Notwithstanding the foregoing, nothing contained in this
section shall be construed as limiting or supplanting the authority
of the state agencies charged with the regulation of the practice of
pharmacy.
(b) Whenever a local health officer determines that there exists
in his or her jurisdiction any person who, without a license, is
dispensing or furnishing drugs requiring a prescription pursuant to
Section 111470, a controlled substance as defined in Section 4021 of
the Business and Professions Code, or a dangerous drug or a dangerous
device as defined in Section 4022 of the Business and Professions
Code, the local health officer may take action against such person.
This action shall include, but not be limited to:
(1) Receiving and investigating complaints from the public, from
other licensees or from health care facilities that a person is
engaging in any or all of the activity set forth in this subdivision.
In conducting any investigation pursuant to this paragraph, the
local health officer shall have the assistance of, and be accompanied
by, a licensed pharmacist. The local health officer shall provide
the Board of Pharmacy, and any other state agency charged with
jurisdiction over the activity set forth in this subdivision, with a
copy of all complaints received pursuant to this paragraph.
(2) Issuing an order to the person to immediately cease and desist
from the unlawful activity described in this subdivision, after
confirming that the person is engaging in any or all of the activity
set forth in this subdivision, and determining that the person has
not been convicted of engaging in that activity pursuant to Section
11352.1 or any other applicable provision of law. In issuing the
order, the local health officer shall notify the person that the
activity is illegal in the State of California. In the event the
local health officer determines that any or all of the items
described in this subdivision must be confiscated, in addition to the
cease and desist order, the local health officer shall enlist the
aid of local law enforcement to execute confiscation of those items.
(3) Order the closure of the business, if any, operated, managed,
or owned by the person after confirming that the person is engaging
in any or all of the activity set forth in this subdivision, and
determining whether the person has previously been convicted of
engaging in that activity pursuant to Section 11352.1 or any other
applicable provision of law. If the public health officer has a
reasonable suspicion that the operation of a business poses an
immediate threat to public health, welfare, or safety, the business
may be ordered closed immediately while the hearing described in
subdivision (c) is pending. Immediate danger to the public health,
welfare, or safety includes, but is not limited to, evidence that the
person is providing, selling, or distributing drugs that require a
prescription, or dangerous drugs, devices, or controlled substances
without a license. In the event that the local health officer
determines that any or all of the items described in this subdivision
must be confiscated in addition to the closure of the business, that
officer shall enlist the aid of local law enforcement to execute the
confiscation of those items.
(c) (1) Any person engaging in any or all of the activity
described in subdivision (b) whose business is closed as a result of
action by local health officer pursuant to subdivision (b) shall be
entitled to a hearing to show cause why the closure was unwarranted.
(2) Whenever a local health officer orders the closure of a
business pursuant to subdivision (b), the local health officer shall
immediately issue to the owner a notice setting forth the acts or
omissions with which the owner is charged, specifying the pertinent
code section, and informing the owner of the right to a hearing, if
requested, to show cause why the business should not be closed.
(3) A written request for a hearing shall be submitted by the
person to the local health officer within 15 calendar days of
closure. A failure to request a hearing within 15 calendar days of
closure shall be deemed a waiver of the right to a hearing.
(4) The hearing shall be held within 15 calendar days of the
receipt of a request for a hearing; however, when circumstances
warrant, the hearing officer may order a hearing at any reasonable
time within this 15-day period to expedite the hearing process. Upon
written request of the person, the hearing officer may postpone any
hearing date, if circumstances warrant the postponement.
(5) The hearing officer shall issue a written notice of decision
to the person within five working days following the hearing. In the
event the hearing officer determines that the closure was warranted,
the notice shall specify the acts or omissions with which the person
is charged, and shall state that the business shall remain closed
permanently. Evidence that the person engaged in any or all of the
activity set forth in subdivision (b) shall constitute prima facie
evidence that permanent closure is warranted. Any business still
operating shall close immediately upon receipt of the written
decision ordering closure.
