6-08/400.00 Order to Show Cause



If an individual or organization fails to comply with a subpoena, interrogatory, request for production, or examination under oath by refusing to respond fully or objecting thereto, or by obstructing any proceeding before the department, the department may file with a superior court a petition for an order compelling compliance, naming as respondent the individual or organization that has failed to comply.  If the petition sets forth good cause for relief, the court shall issue an order to show cause to the respondent; otherwise the court shall enter an order denying the petition. 

The order to show cause shall be served, along with the department’s petition, on the respondent in the same manner as summons must be served in civil actions (5-07/500.00 Service of Summons), and the order shall be returnable not less than 10 days from its issuance nor later than 45 days after the filing of the petition.  The respondent shall have the right to serve and file a written answer or other response to the petition and order to show cause.  (GC 12963.5)