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§ 4800. Notice of Proposed Action and Disposition.

4 CA ADC § 4800BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 4. Business Regulations
Division 9. Division of Measurement Standards, Department of Food and Agriculture
Chapter 12. Administration
Article 2. Weights and Measures Penalty Guidelines
4 CCR § 4800
§ 4800. Notice of Proposed Action and Disposition.
(a) When a county sealer takes administrative action, the person charged with a violation(s) shall be notified of the proposed penalty(s) and the right to request a hearing. The notification shall also include the right to appeal to the Secretary pursuant to the procedures provided in Section 12015.3(c) or Section 13302 as appropriate of the Business and Professions Code.
(b) When the State Sealer takes administrative action, the person charged with the violation(s) shall be notified of the proposed penalty(s), and the right to request a hearing. The notification shall also include the right to have the decision reviewed, within 30 days of receiving the sealer's decision, pursuant to Section 12015.3(c) of the Business and Professions Code.
(c) When a respondent in an administrative action agrees to stipulate to the notice of proposed action, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the county/State Sealer within 45 days of the postmark of the notice of proposed action. If the stipulation and payment of the proposed administrative penalty are not received within 45 days, the county/State Sealer may file a certified copy of a final decision that directs the payment of a civil penalty with the clerk of the superior court of any county, pursuant to Section 12015.3(d) of Business and Professions Code.
(d) If an administrative hearing is requested, a proposed decision and order shall be made by a hearing officer within 60 days of the conclusion of the hearing. The final decision and order shall be made by the sealer. This order will be mailed to the respondent. Any penalty imposed shall be due and payable within 45 days of the postmark of such order. If a respondent fails to pay the penalty and fails to timely file a written appeal pursuant to Business and Professions Code Sections 12015.3(c) or 13302(c), the sealer may take action as provided in Business and Professions Code Sections 12015.3(d) or 13302(d). Action may be taken to collect the penalty and the collection costs actually incurred.
(e) In the event that a respondent fails to comply with the provisions of Business and Professions Code Sections 12015.3 or 13302, the sealer may take the action proposed without a hearing. This action may include collection of the penalty and the collection costs actually incurred.
Note: Authority cited: Sections 12015.3(b) and 13302(b), Business and Professions Code. Reference: Sections 12015.3(b) and 13302(b), Business and Professions Code.
HISTORY
1. New article 2 and section filed 4-8-96; operative 5-8-96 (Register 96, No. 15).
2. Amendment of section and Note filed 7-20-2011; operative 8-19-2011 (Register 2011, No. 29).
This database is current through 10/4/19 Register 2019, No. 40
4 CCR § 4800, 4 CA ADC § 4800
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