(a) Hearings shall be presided over and conducted by a Hearing Officer designated by the secretary.
(b) The standard of proof to be applied by the Hearing Officer shall be the preponderance of the evidence.
(c) Hearings may be conducted by telephone, at the discretion of the Hearing Officer.
(d) The decision of the Hearing Officer shall be in writing. It may be handwritten.
(e) The written decision shall be issued within 30 days after the conclusion of the hearing.
(f) The written decision shall be served on the respondent either by personal service, facsimile transmission, or email.
(g) The Hearing Officer's decision shall be effective immediately and shall be final and not appealable to the secretary or any other officer of the Department.
(h) The respondent may challenge the Hearing Officer's decision by filing a writ of administrative mandamus in the appropriate court pursuant to Code of Civil Procedure Section 1094.5 within 30 days of the date of the decision.
(i) Hearings shall be recorded.
Credits
Note: Authority cited: Sections 407, 14902, 15071 and 15071.1, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 15071, 15071.1 and 15082, Food and Agricultural Code; and Sections 11425.50 and 11445.10, Government Code.
1. New section filed 7-18-2024; operative 10-1-2024 (Register 2024, No. 29).
This database is current through 8/30/24 Register 2024, No. 35.
Cal. Admin. Code tit. 3, § 2769, 3 CA ADC § 2769
