A service agency registration may be suspended for the actions of its service agents in violation of this division. A service agency’s registration may be revoked or suspended, or may be denied by the department, for any violation of this chapter. Proceedings for the denial, revocation, or suspension of a registration shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall have all of the powers that are granted therein.
Service Agencies for Weighing and Measuring DevicesDisciplinary Action
Section § 12542
If a service agency or its agents break any rules under this division, its registration can be suspended or revoked. The process for denying or taking away a registration follows a specific law procedure. The department has full authority to enforce these actions according to the law.
service agency registration suspension revocation
Section § 12543
If a service agency breaks the rules outlined in this division, the county sealer has the power to suspend the agency's ability to start using devices or to remove 'out of order' notices. This can only happen after following certain notice and hearing procedures.
A service agency’s authorization to place devices into service, or to remove out-of-order notices may be suspended by a county sealer, within his or her county, pursuant to the notice and hearing provisions described in Section 12544 for violations of this division.
service agency out-of-order notices place devices into service
Section § 12544
This law states that if a county sealer wants to suspend a service agency's authorization, they must give written notice with details on what rules have been broken, how long the suspension could last, when it will start, and who will be affected. The agency has a right to a hearing before suspension, can have a lawyer, and can appeal the decision. A copy of the suspension notice must be sent to the relevant department, which can also extend the suspension to other counties after the hearing.
(a)CA Business & Professions Code § 12544(a) A county sealer intending to suspend the authorization of a service agency shall notify the service agency in writing of all of the following:
(1)CA Business & Professions Code § 12544(a)(1) The alleged violations to be used as the basis for suspension.
(2)CA Business & Professions Code § 12544(a)(2) The proposed duration of the suspension.
(3)CA Business & Professions Code § 12544(a)(3) The date the suspension is to begin, which may not be sooner than 20 days after a notice is mailed.
(4)CA Business & Professions Code § 12544(a)(4) The names of service agents to be affected by the suspension.
(5)CA Business & Professions Code § 12544(a)(5) The fact that the service agency or service agent shall be provided the opportunity for an investigational hearing prior to the suspension.
(6)CA Business & Professions Code § 12544(a)(6) The fact that the service agency or service agent may be represented by legal counsel.
(7)CA Business & Professions Code § 12544(a)(7) The fact that the service agency or service agent may appeal to the department prior to imposition of a suspension.
(b)CA Business & Professions Code § 12544(b) A copy of the proposed action to the service agency shall be immediately forwarded to the department.
(c)CA Business & Professions Code § 12544(c) The department may, as a result of the investigative hearing, declare the suspension to be effective in additional counties.
county sealer suspend authorization service agency
