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6.4A Page 3 (2} Upon the second time that the Direc#or makes fihe finding set forth in subsection (a)(1) or {a){2) of �his sect�on within twenty-four months of the first determination, the permif to sell tobacco produc�s shall be suspended for no less than 30 days and up to 90 days. {3) Upon the third and each subsequent time that the Director makes fihe finding set for�h in subsections (a)�'i} and (a}�2) within #wenty- four mon#hs of a prior determination, the permit to sell #obacco products shall be suspended for no less than 90 days and up to one year. (c) Effective Date of Suspension. (1) If the Director makes oral findings and issues an order of suspension at the hearing, the suspension will be effective 1� days from the date of the hearing, unless a timely appea! is fi(ed in accordance with subsection �d}. (2) If the Director makes written findings and issues an order of suspension by certified mail after #he hearing, the suspension will be eifective 15 days from the date appearing on the notice of that finding and arder of suspension, unless a timeiy appeal is filed in accordance with subsection td). (d} Appeal of Suspension. (1) The decision of the Director is appea�able to the San Mateo County Licensing Board. (2) An appeal must be in writing, be addressed to the Director and be hand-delivered to fhe offices of the Environmental Health Division. �3) An appeai must be received by the Environmental Health Division before the effective date of suspension provided by subsec#ions (c)�1) or (c){2) in order to be cansidered. (4} The fi{ing of a timely appeal will stay a suspension pending a decision on the appeal by the San Mateo County Licensing Board. (5} The decision af the San Matea County Licensing Board shall be a final administrative order, with no further administrative right of appeal. ATfY/ORD/ORD.319 041409 3