Section 100905.

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The department may suspend or revoke any certificate issued under of this article for any of the following reasons:

(a)  Violation by the owner of the laboratory of any of the provisions of this article or any regulation adopted under this article.

(b)  Aiding, abetting, or permitting the violation of any provision of this article or regulations adopted under this article.

(c)  Proof that the certificateholder or owner has made false statements in any material regard on the application for certification.

(d)  Conviction of an owner of the laboratory of any crime that is substantially related to the qualifications or duties of that owner and that is related to the functions of the laboratory. For purposes of this subdivision, a “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Action to revoke or suspend the certificate may be taken when: (1) the time for appeal has elapsed, or (2) the judgment of conviction has been affirmed on appeal, or (3) when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting withdrawal of a plea of guilty and entry of a plea of not guilty, or (4) setting aside a verdict of guilty, or (5) dismissing the accusation, information, or indictment. The department shall take into account all judicial decisions on rehabilitation furnished by the owner of the laboratory.

(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)


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