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§ 1701.4. Application Processing.

3 CA ADC § 1701.4Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 3. Economics (Refs & Annos)
Chapter 2.2. Market Enforcement
Subchapter 1. Licensing
Article 2. The Application Process
3 CCR § 1701.4
§ 1701.4. Application Processing.
Currentness
(a) The Department shall reject an incomplete application, but the applicant may cure defects if he or she does so within the prescribed time frame.
(1) After initial submission and review, the Department shall provide an applicant whose application is incomplete written notice at the applicant's address listed on the application. This notice shall specify the missing information. The applicant has sixty (60) calendar days from the date of the notice to supply the missing information. The notice shall also specify that failure to postmark a complete application within the sixty (60) days may result in denial of the application.
(b) After submission of the application, applicants shall additionally submit the following if the Department asks the applicant to do so:
(1) Proof of Bond if the Department requires a bond, as described in the Act:
(A) the applicant may obtain an endorsement on a pre-existing bond if:
1. the prior bond holder agrees in writing, and
2. the bond was established for the same or a similar purpose. This includes a bond obtained to satisfy the requirements of the federal Perishable Agricultural Commodities Act (PACA).
(b) Subject to statutory minimums, the face value of the bond shall be at least 20% of the dollar volume of the applicant's business. The applicant may submit a Certificate of Deposit or another document of like integrity as the bond. The substitute shall be disapproved if the Department is not fully satisfied that the substitute is of like integrity.
(2) A Request for Exemption and the Department-approved exemption package, if applicant requests exemption for someone convicted of a crime affecting licensure under The Act, as described in Section 1702.1 of these regulations.
(c) The 90-day time frame in which the Department shall decide whether to approve the license does not begin until after the Department receives the last of the requested documents.
(d) Application Fees are not refundable.
(e) The Department shall consider an application incomplete, and deny it, unless the applicant submits requested documents and full payment of fees within sixty (60) calendar days from the date the Department requests them, with one exception. The exception is:
(1) Proof of Bond. If the applicant applied for a bond, but has not yet received proof from the bonding company, the Department may approve a conditional license instead of denying one altogether. The applicant shall have met all other conditions of licensure. If the Department approves the conditional license, the following conditions shall be met:
(A) the licensee shall, within ninety (90) days, submit proof that the bond has been secured;
(B) the licensee shall post the proof beside the license until issuance of a new, unconditional license;
(2) If the licensee fails to secure a bond within ninety (90) days, the conditional license automatically expires; and,
(A) failure to submit and post proof within ninety (90) days is prima facie evidence of a failure to secure the bond.
(f) The Conditional License shall state that it is conditional, and the conditions listed above shall be printed on the face of the Conditional License.

Credits

Note: Authority cited: Sections 407, 55483(c) and 56183.5(c), Food and Agricultural Code. Reference: Sections 263, 404, 55435.5(a), 55435.5(b), 55483, 55484.75, 55485, 55524.75, 55525, 55527.6, 55741(c), 56183.5, 56185, 56185.75, 56186 and 56571, Food and Agricultural Code; and Section 15376, Government Code.
History
1. New section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 1701.4, 3 CA ADC § 1701.4
End of Document