(a) Upon a request pursuant to Section 22225, a manufacturer seeking OCal certification may request appeal of a decision by a registered certifying agent as follows:
(1) Submitting a written request for appeal to the Chief of the Food and Drug Branch, and
(2) The request for appeal must be postmarked or received by the department no later than 30 calendar days after the date of the registered certifying agent's notice of decision to the manufacturer or applicant, and
(3) The request must include the following:
(A) A copy of the department's written report of mediation, if applicable.
(B) A copy of the registered certifying agent's notice of noncompliance and any documented resolution of noncompliance.
(C) A copy of the registered certifying agent's decision of denial of OCal certification, proposed suspension, or revocation.
(D) All documentation that support the request for appeal.
(b) The Chief of the Food and Drug Branch must notify of his or her decision within 15 calendar days for proposed suspension and within 30 calendar days for all other decisions.
(c) Within 14 calendar days of the decision of the Chief of the Food and Drug Branch, a requesting party may petition for reconsideration from the Division Chief over the Food and Drug Branch in the Center for Environmental Health.
(1) The Division Chief over the Food and Drug Branch in the Center for Environmental Health must notify the requesting party of his or her decision within 30 calendar days.
(2) The decision of the Division Chief over the Food and Drug Branch in the Center for Environmental Health constitutes a final and nonreviewable order.
Credits
Note: Authority cited: Sections 100275, 110065, 110835 and 113115, Health and Safety Code; and Section 26062(a)(2), Business and Professions Code. Reference: Section 26062.5, Business and Professions Code.
1. New section filed 7-1-2021 pursuant to Government Code section 11343.8; operative 7-1-2021. Submitted to OAL for filing and printing only pursuant to Business and Professions Code section 26062(a)(2) (Register 2021, No. 27).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 17, § 22230, 17 CA ADC § 22230
