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-17— AB 1147 <br /> 1 (2) Suspending the certificate and the rights conferred by this <br /> 2 chapter on a certificate holder or registered establishment for a <br /> 3 period not to exceed one year. <br /> 4 (3) Suspending or staying the disciplinary order, or portions of <br /> 5 it, with or without conditions. <br /> 6 (4) Revoking the certificate. <br /> 7 (5) Taking other action as the council, as authorized by this <br /> 8 chapter or policies adopted by the board, deems proper. <br /> 9 (c) The council may issue an initial certificate on probation, <br /> 10 with specific terms and conditions, to any applicant. <br /> 11 (d) Any denial or discipline shall be decided upon and imposed <br /> 12 in good faith and in a fair and reasonable manner.Any procedure <br /> 13 that conforms to the requirements of subdivision (I) is fair and <br /> 14 reasonable, but a court may also find other procedures to be fair <br /> 15 and reasonable when the full circumstances of the denial or <br /> 16 discipline are considered. <br /> 17 (e) A procedure is fair and reasonable if the procedures specified <br /> 18 in subdivision (0 or (g) are followed or if all of the following <br /> 19 apply: <br /> 20 (1) Denial or discipline shall be based on a preponderance of <br /> 21 the evidence. In determining the basis for the denial or discipline, <br /> 22 the council may consider all written documents or statements as <br /> 23 evidence, but shall weigh the reliability of those documents or <br /> 24 statements. <br /> 25 (2) The provisions of the procedure are publically available on <br /> 26 the council's Internet Web site. <br /> 27 (3) The council provides 15 calendar days prior notice of the <br /> 28 denial or discipline and the reasons for the denial or discipline. <br /> 29 (4) The council provides an opportunity for the applicant, <br /> 30 certificate holder, to be heard, orally or in writing, not less than <br /> 31 five days before the effective date of the denial or discipline, by <br /> 32 a person or body authorized to decide whether the proposed denial <br /> 33 or discipline should go into effect. <br /> 34 (0 (I) Notwithstanding any other law, if the council receives <br /> 35 notice that a certificate holder has been arrested and charges have <br /> 36 been filed by the appropriate prosecuting agency against the <br /> 37 certificate holder alleging a violation of subdivision(b)of Section <br /> 38 647 of the Penal Code or any other offense described in paragraph <br /> 39 (10) of subdivision (a) of Section 4609, the council shall <br /> 90 <br />