(a) A respondent may request an informal hearing to contest a notice of adverse determination that seizes or places a hold on covered product pursuant to sections 1320.7, 1321.7, and 1322.7 of this Chapter.
(b) The request for an informal hearing shall be submitted to the Department by electronic mail, facsimile, or by phone within three (3) business days from the date of receipt of the notice of adverse determination.
(c) The notice of adverse determination shall remain in effect pending the outcome of the informal hearing.
(d) Hearings conducted under this section shall be held within three (3) business days after the Department receives the request for an informal hearing.
(e) The informal hearing shall be presided over and conducted by a Hearing Officer designated by the Secretary.
(f) The standard of proof to be applied by the Hearing Officer shall be preponderance of the evidence unless statutes or regulations applicable to the determination provide a higher standard.
(g) A teleconference line shall be made available at every hearing.
(h) Hearings shall be recorded by the Department. A transcript of the recording or an electronic copy of the recording shall be provided to any interested party upon written request.
(i) The decision of the Hearing Officer shall be in writing, issued within three (3) business days after the conclusion of the hearing, and shall be effective immediately upon issuance.
(j) The decision shall be served on the respondent by U.S. Mail or, if available, by electronic mail.
(k) The respondent may appeal the Hearing Officer's decision and order by filing a petition for a writ of administrative mandamus in accordance with section 1094.5 of the Code of Civil Procedure.
Credits
Note: Authority cited: Section 25993, Health and Safety Code; and Section 11400.20, Government Code. Reference: Sections 11445.30, 11445.40, 11445.50 and 11445.60, Government Code; and Sections 25990, 25991 and 25992, Health and Safety Code.
1. New article 6 (sections 1327.1-1327.3) and section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 7/12/24 Register 2024, No. 28.
Cal. Admin. Code tit. 3, § 1327.1, 3 CA ADC § 1327.1
