§ 1392.10.1. Appeal of a California Department of Food and Agriculture Notice of Proposed Actio...
3 CA ADC § 1392.10.1Barclays Official California Code of Regulations
3 CCR § 1392.10.1
§ 1392.10.1. Appeal of a California Department of Food and Agriculture Notice of Proposed Action and Informal Hearing Process.
(b) A notice of proposed action shall be sent by certified mail, or a mail delivery service that tracks the delivery, to the last known address on file with the Department, of the person charged. The notice shall be considered received even if delivery is refused or if the notice is not accepted at that address.
(c) The person charged may appeal a notice of proposed action, including an administrative civil penalty or suspension, for any violation, within 20 calendar days after receiving the notice of proposed action, by submitting a written request to the Legal Office of Hearings and Appeals of the California Department of Food and Agriculture, as provided in the notice of proposed action. Any objection to the California Department of Food and Agriculture's selection of the informal hearing procedure shall be made in writing to the Legal Office of Hearings and Appeals and shall be resolved by the Hearing Officer prior to the hearing, pursuant to Government Code section 11445.30.
(k) In addition to the administrative civil penalties set forth in Food and Agricultural Code section 47025(b), or a suspension imposed pursuant to Food and Agricultural Code section 47025, the appellant may be required to cover the cost of the administrative hearing, unless the decision of the secretary or county agricultural commissioner is overturned.
Credits
Note: Authority cited: Sections 407 and 47001, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Section 47025, Food and Agricultural Code; Sections 11445.20 and 11445.30, Government Code; and Section 115, Evidence Code.
History
1. New section filed 9-8-2020; operative 1-1-2021 (Register 2020, No. 37). 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-66-20.
2. Editorial correction of History 1 (Register 2020, No. 43).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 3, § 1392.10.1, 3 CA ADC § 1392.10.1
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