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-15— Ch.415 revoked.A written request for a hearing shall be made by the permitholder within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing.When circumstances warrant,the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process. (c) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing.Upon written request of the permitholder,the hearing officer may postpone any hearing date,if circumstances warrant the action. SEC. 16. Section 114409 of the Health and Safety Code is amended to read: 114409. (a) If any imminent health hazard is found, unless the hazard is immediately corrected,an enforcement officer may temporarily suspend the permit and order the food facility or cottage food operation immediately closed. (b) Whenever a permit is suspended as the result of an imminent health hazard, the enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, specifying the pertinent code section,and informing the permitholder of the right to a hearing. (c) At any time within 15 calendar days after service of a notice pursuant to subdivision(b),the permitholder may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing.A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to a hearing. SEC. 17. Section 8.5 of this bill incorporates amendments to Section 113789 of the Health and Safety Code proposed by both this bill and Assembly Bill 2297. It shall only become operative if(1) both bills are enacted and become effective on or before January 1, 2013, (2) each bill amends Section 113789 of the Health and Safety Code, and (3)this bill is enacted after Assembly Bill 2297, in which case Section 8 of this bill shall not become operative. SEC. 18. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because,in that regard,this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction,within the meaning of Section 17556 of the Government Code,or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state,reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500)of Division 4 of Title 2 of the Government Code. 0 90