The department may suspend or revoke a registration certificate, at any time, if it finds any of the following has occurred:
(a) The registrant has sold or offered for sale to an unlicensed person, any inedible kitchen grease.
(b) The registrant has stolen, misappropriated, contaminated, or damaged inedible kitchen grease or containers of inedible kitchen grease.
(c) The registrant has violated this article or any regulations adopted to implement this article.
(d) The registrant has taken possession of inedible kitchen grease from an unregistered transporter or has knowingly taken possession of inedible kitchen grease that has been stolen.
(e) The registrant has been found to have engaged in, or aided and abetted another person or entity in the commission of, any violation of a statute, regulation, or order relating to the transportation or disposal of inedible kitchen grease, including a violation of the federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), Section 5650 of the Fish and Game Code, commercial vehicle weight limits, or commercial vehicle hours of service.
(f) For purposes of this section, “registrant” includes any business entity, trustee, officer, director, partner, person, or other entity holding more than 5 percent equity, ownership, or debt liability in the registered entity engaged in the transportation of inedible kitchen grease.
(g) (1) The registrant may appeal the suspension or revocation decision of the department.
(2) The department shall establish procedures for the appeals process, to include a noticed hearing.
(3) The department may reverse a suspension or revocation upon a finding of good cause to do so.
(h) The department shall adopt regulations that specify the maximum time period during which a suspension or revocation of a registration certificate may be imposed, based on the severity or the number of violations that are the basis of the department’s action. The time period for the suspension or revocation of the registration certificate shall not exceed three years from the date the suspension or revocation of the registration certificate is imposed.
(Amended by Stats. 2014, Ch. 595, Sec. 8. (AB 1566) Effective January 1, 2015.)
Last modified: October 25, 2018