INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 1808

Citation
Section 1808
Parent Document
McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-17
Original Source
https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

Other Sections in This Document (387)

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It is established that an agency has the authority to make its orders effective immediately. (Hohreiter v. Garrison (1947) 81 Cal. App.2d 384, 402-403 [184 P.2d 323]; Cal. Administrative Hearing Practice (Cont.Ed.Bar 1984) § 4.45, p. 246.) The Administrative Procedure Act provides for the many agencies operating under its terms that an agency decision is effective 30 days after it is delivered unless the agency orders that the decision become effective sooner. (Gov. Code, § 11519, subd. (a).) It is obvious that in the case of professional licensing, an immediately effective order may *392 often be necessary. An incompetent physician or unsafe hospital should not provide services pending judicial review of a suspension or revocation order. In the area of pollution control, it is equally obvious that cease and desist and abatement orders must frequently be effective immediately. Thus, for example, a regional water quality control board may issue a cease and desist order against a party discharging or threatening to discharge prohibited waste. The order is effective immediately and may require immediate compliance. (Wat. Code, § 13303; see Collins, Complete Guide to Hazardous Materials Enforcement and Liability (1985) § 10-6.) Such a board's cleanup and abatement orders are also effective immediately. (Wat. Code, § 13304.) Similarly, a commissioner of the Department of Food and Agriculture may issue a cease and desist order for improper handling or sale of pesticides, which is effective immediately. (Food & Agr. Code, § 11897.) While these orders are not executed by a third party, as in the rent control situation, they may cause far greater economic losses before judicial review or a stay is available.