| (a) Upon a determination that an application for a
license issued under Occupations Code, Chapter 2302, and this chapter
should be denied, or that a license be revoked or suspended, or that
administrative sanctions should be imposed based on alleged violations
of Occupations Code, Chapter 2302, or this chapter, the department
shall issue and mail, by certified mail, a Notice of Department Decision
to the applicant's, license holder's or person's last known mailing
address, as reflected in the department's licensing records.
(b) The Notice of Department Decision includes a statement:
(1) that describes the department decision and its
effective date;
(2) that describes each alleged violation;
(3) that describes each administrative sanction being
proposed;
(4) which sets out the legal basis for each administrative
sanction;
(5) informing the license applicant, license holder
or other person of the right to request a hearing;
(6) setting forth the procedures for requesting a hearing,
including the period during which a request for a hearing must be
received by the department; and
(7) informing the license applicant, license holder,
or other person that the proposed decision and administrative sanctions
in the Notice of Department Decision will become final on the date
specified if the license applicant, license holder, or other person
fails to timely request a hearing.
(c) A request for an administrative hearing under this
section must be made in writing and received by the department within
26 days of the date the Notice of Department Decision is mailed by
the department.
(d) If the license applicant, license holder, or person
does not make a timely request for hearing or enter into a settlement
agreement before the 27th day after the date the Notice of Department
Decision is mailed, the matter becomes final in accordance with the
Government Code, Chapter 2001.
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