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§ 2080.2. Petition for Adoption, Amendment or Termination of Stabilization and Marketing Plans ...

3 CA ADC § 2080.2Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 3. Economics (Refs & Annos)
Chapter 3. Milk Stabilization and Marketing of Milk and Dairy Products
Subchapter 3. Petitions and Hearings
Article 1. Procedures for Filing of Petitions and Conduct of Hearings
3 CCR § 2080.2
§ 2080.2. Petition for Adoption, Amendment or Termination of Stabilization and Marketing Plans or Milk Pooling Plan.
(a) Procedures for the adoption, amendment or termination of stabilization and marketing plans are stated in Sections 61991-62032 of the Food and Agricultural Code. Procedures for the adoption, amendment or termination of the milk pooling plan are stated in Sections 62705 and 62717 of the Food and Agricultural Code. In addition to the secretary's authority to adopt, amend or terminate stabilization and marketing plans or the milk pooling plan, any interested person may petition the secretary requesting the adoption, amendment or termination of a stabilization or marketing plan or the milk pooling plan. The petition shall be submitted using the format available from the Department. The format shall be laid out so that the petition shall clearly and concisely give:
(1) a brief written description of the requested changes including a copy of the suggested language to amend the plan;
(2) specifications as to why the petitioner recommends the proposed changes including relevant analysis, comments and data supporting the request; and
(3) The authority of the secretary to take the action requested.
(b) Upon receipt of such petition at the designated Departmental office, the secretary shall notify the petitioner in writing of its receipt. The secretary shall also notify all interested parties of record in writing of the receipt of the petition. Within 15 days of the petition's receipt at the designated office, the secretary shall either schedule the matter for public hearing or deny the petition in writing indicating why the secretary has reached such a decision on the merits of the petition.
(c) The secretary may grant or deny such a petition in whole or in part, and may grant such other relief or take such other action as the secretary may determine to be warranted and shall notify the petitioner in writing of such action.
(d) Any interested person may request reconsideration of any part or all of a decision of the secretary on any petition submitted. Any such request shall be submitted in accordance with subsection (a) of this Section and shall include the reason(s) why the secretary should reconsider the previous decision no later than 60 days after the date of the decision involved. The secretary's reconsideration of any matter relating to a petition shall be subject to the provisions of subsection (b) of this Section.

Credits

Note: Authority cited: Sections 407 and 61891, Food and Agricultural Code. Reference: Sections 61903, 61991-61998, 62031, 62032, 62705 and 62717, Food and Agricultural Code.
History
1. Note filed 6-12-79 (Register 79, No. 24).
2. Amendment of Note filed 9-1-83; effective thirtieth day thereafter (Register 83, No. 36).
3. Amendment of Note filed 9-12-84; designated effective 11-1-84 (Register 84, No. 37).
4. Amendment of subsection (a), repealer and new subsections (a)(1) and (a)(2), amendment of subsection (a)(3), repealer and new subsection (b), and amendment of subsections (c) and (d) filed 7-2-96; operative 8-1-96 (Register 96, No. 27).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 2080.2, 3 CA ADC § 2080.2
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