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§ 1703.2. Instituting Department's Alternative Dispute Resolution Procedure.

3 CA ADC § 1703.2Barclays 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 4. Private Disputes
3 CCR § 1703.2
§ 1703.2. Instituting Department's Alternative Dispute Resolution Procedure.
Currentness
(a) Submission of a Verified Complaint, written denial of federal jurisdiction, two copies of relevant documents in the complainant's possession, and payment of $100 trigger the jurisdiction of the Department's ADR process, subject to the reservations set out in Section 1703(a).
(1) The Department shall notify the respondent and demand relevant records within five business days of the receipt of a Verified Complaint by sending a notice and demand by certified mail. A Verified Complaint shall consist of either a copy of complainant's PACA complaint or a completed Department complaint form. The Department shall enclose one copy of the complainant's documents with the notice and demand. The respondent shall deliver two sets of the records demanded within thirty (30) calendar days of the date on the notice and demand letter.
(A) The Department shall determine which records are relevant based upon the complaint and specify those records in its notice and demand letter.
(B) Exercise of a party's election to pursue a contract ADR process, as described in Section 1703.1, does not cut off this requirement. Respondent shall turn over two sets of the records regardless of whether or not a contract ADR process is pursued. The Department shall use the records to decide whether they provide a reasonable basis for discipline. The Department shall retain them in case ADR jurisdiction is restored.
(C) The Department shall send one copy of the records to the complainant and shall retain one copy for its own purposes.
(D) Willful failure to deliver the records to the Department is cause for discipline as a flagrant violation of The Act. It is also cause for civil penalties and possible criminal prosecution. The Department shall issue a second notice by registered mail if the respondent fails to deliver the records on time. Failure to deliver following a second notice establishes a rebuttable presumption the failure is willful.
(E) Multiple simple failures to deliver records to the Department is also cause for discipline as repeated violations of The Act.
(F) If the Department establishes the charge at hearing, the hearing Administrative Law Judge may not rule “de minimus” either a willful failure or repeated failures, but shall impose discipline at the next step in severity due under the doctrine of “Progressive Discipline.”
(2) The Department shall issue a summary based upon a reading of the records received. The Department may attempt to verify the accuracy of the records received through investigation.

Credits

Note: Authority cited: Sections 407, 55721 and 56183.5(c), Food and Agricultural Code. Reference: Sections 404 and 56382.5, Food and Agricultural Code; and Section 6250 et seq., Government Code.
History
1. New section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
2. Amendment of subsections (a)-(a)(1) and Note filed 7-8-2013; operative 10-1-2013 (Register 2013, No. 28).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 1703.2, 3 CA ADC § 1703.2
End of Document