reglab/statecodes huggingface dataset:
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10406 - Denial of Accreditation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the department determines the accreditation applicant does not meet the
				  requirements for accreditation pursuant to section
				  10401 of this chapter, the
				  department shall provide written notification of accreditation denial to the
				  applicant. Such notification shall include the reasons for the department's
				  assessment and appeal procedures.
(b) The applicant who receives notification
				  of accreditation denial may appeal the denial of accreditation pursuant to
				  section 10706 of this chapter within 30
				  days after the date of the notice of accreditation denial.
(c) The applicant who receives notification
				  of accreditation denial may apply for accreditation again at any time and pay a
				  new application fee.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10407 - Accreditation Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An accreditation renewal application shall be submitted by
					 mail to the physical or email address listed on the OCal Program website, or
					 such other address as required by the department.
(a) The accredited certifying agent shall
				  renew its accreditation every five years concurrently with its annual
				  registration renewal pursuant to sections
				  10405(e) and
				  10410 of this chapter, except for
				  the following:
(1) The accredited certifying
				  agent renewing both accreditation and registration shall receive a notice of
				  expiration of registration
and
accreditation approximately six
months
prior to the registration expiration date;
(2) The dual accreditation and registration
				  renewal package shall be submitted no more than four months and no less than
				  three months prior to the registration expiration date; and
(3) The department shall conduct a site
				  evaluation within three months of the registration expiration
				  date.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10408 - Requirements for Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  private entity or local jurisdiction registered as an accredited certifying
				  agent under this chapter shall:
(1) Be
				  accredited by the department as set forth in section
				  10401 of this chapter or possess
				  current and valid accreditation by the National Organic Program, pursuant to 7
				  CFR part 205. The scope of accreditation shall be comparable to the scope of
				  registration.
(2) Comply with,
				  implement, and carry out all terms and conditions pursuant to this
				  chapter;
(3) Annually renew
				  registration and report activities as set forth in section
				  10410 of this chapter unless the
				  accredited certifying agent voluntarily ceases its certification activities,
				  its accreditation is suspended or revoked pursuant to 7 CFR part 205 or section
				  10705 of this chapter, as
				  applicable, or its registration is suspended or revoked pursuant to section
				  10705 of this chapter;
(4) Transfer to the department or make
				  available all records or copies of records concerning the registered certifying
				  agent's certification activities if the registered certifying agent no longer
				  wishes to maintain its registration, dissolves, or loses its
				  registration;
(5) Pay and submit
				  the registration fee and any payments or fines owed to the department in
				  accordance with sections
				  10601,
				  10603 and
				  10701(e) of this
				  chapter; and
(6) Demonstrate the
				  ability to fully comply with the requirements for registration set forth in
				  this section.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10409 - Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Registration information for an accredited certifying agent
					 shall be submitted by mail to the physical or email address listed on the OCal
					 Program website, or such other address as required by the department.
(a) Each application shall include the
				  following, if applicable:
(1) Legal business
				  name;
(2) Registration application
				  fee pursuant to section
				  10601 of this chapter;
(3) A copy of the accredited certifying
				  agent's current and valid accreditation certificate issued by the National
				  Organic Program, if applicable;
(4)
				  Employer Identification or Taxpayer Identification Number;
(5) Primary office physical address, mailing
				  address, web address, and name of the person(s) responsible for the applicant's
				  day-to-day operations and their contact number(s) and email address.
(6) Subsidiary office(s) physical
				  address(es), mailing address(es), phone number(s), and a contact name(s) and
				  number(s) for each subsidiary office;
(7) Business entity structure, including, but
				  not limited to, a corporation, general partnership, joint venture, limited
				  liability company, limited liability partnership, sovereign entity, sole
				  proprietorship, not for profit corporation, and/or trust);
(8) The accredited areas of operation for
				  which registration is requested and the estimated number of each type of
				  operation anticipated to be certified annually by the accredited certifying
				  agent;
(9) A schedule of fees for
				  all services to be provided by the accredited certifying agent under these
				  regulations;
(10) A
				  conflict-of-interest disclosure report pursuant to section
				  10402(d)(2) of
				  this chapter or 7 CFR section
				  205.504(c)(2), as
				  applicable;
(11) The most recent
				  annual internal program review of the accredited certifying agent's
				  certification activities conducted by accredited certifying agent staff, an
				  outside auditor, or a consultant, accompanied by a summary of findings which
				  documents the results of the report, pursuant to section
				  10401(a)(7) of
				  this chapter or 7 CFR section
				  205.501(a)(7), as
				  applicable, and a description of adjustments to the accredited certifying
				  agent's operation and procedures implemented or to be implemented in response
				  to the program review; and
(12)
				  Attestation to the following statement: "Under penalty of perjury, I hereby
				  declare that the information contained within and submitted with the
				  application is complete, true, and accurate. I understand that a
				  misrepresentation of fact is cause for denial of the application, or revocation
				  or suspension of the accreditation issued."
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10410 - Registration Renewal and Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  registered certifying agent's registration renewal shall be due by January 1 of
				  each year and submitted by mail to the physical or email address listed on the
				  OCal Program website, or such other address as required by the
				  department.
(b) The department will
				  send the registered certifying agent a notice of pending expiration of
				  registration approximately ninety 90 calendar days prior to the scheduled date
				  of expiration. The notice will include the registration number, the date of
				  expiration, and any outstanding fines. Fines shall be paid prior to
				  consideration for renewal, pursuant to section
				  10701(e)(4) of
				  this chapter.
(c) Failure to
				  receive a notice of pending registration expiration does not relieve the
				  registered certifying agent of the obligation to renew registration as
				  required.
(d) Registration renewal
				  shall be submitted prior to registration expiration and include the following:
(1) The legal name of the registered
				  certifying agent.
(2) The
				  registration number and expiration date.
(3) A complete and accurate update of
				  information submitted pursuant to section
				  10409 of this chapter, or, if
				  applying for concurrent accreditation and registration renewal, a complete and
				  accurate update of information submitted pursuant to section
				  10402 (a) through
				  (d) of this chapter.
(4) A renewal application fee pursuant to
				  section 10601 of this chapter.
(5) Full payment of any outstanding fees,
				  payments, or fines pursuant to sections
				  10601,
				  10603 and
				  10701(e) of this
				  chapter.
(6) A list of each
				  cannabis operation granted certification during the previous year, which
				  includes the business name, commercial cannabis license number(s), license
				  type(s), mailing address, physical address, county, telephone number, number of
				  square feet certified, and products.
(7) A copy of the inspection report for each
				  cannabis operation granted certification during the previous year.
(8) Certificates of Analysis (COA) for no
				  less than 5 percent of the registered certifying agent's certified operations
				  tested in the previous year pursuant to section
				  10711 of this chapter.
(9) Any other information the department
				  requires to assist in evaluating the application, including, but not limited
				  to, OCal system plans, a notice of violation issued to an operation, and
				  results of an NOP audit that took place during the previous year, when
				  applicable.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10411 - Registration Renewal Acceptance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  registered certifying agent shall receive written notice of renewal acceptance,
				  which includes the registration number and the effective and expiration dates
				  of the renewal when:
(1) All required
				  information has been submitted pursuant to section
				  10410 of this chapter;
				  and
(2) Required fee(s) or fine(s)
				  have been paid pursuant to sections
				  10601,
				  10603, and
				  10701(e) of this
				  chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 5 - Accreditation and Registration of Certifying Agents › Section 10412 - Site Evaluations for Accredited and Registered Certifying Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Site evaluations shall be conducted for the purpose of examining the certifying
				  agent's operations and evaluating its compliance with the regulations in this
				  chapter. Site evaluations shall include an on-site review of the registered
				  certifying agent's certification procedures, decisions, facilities,
				  administrative and management systems, and operations certified by the
				  registered certifying agent. Site evaluations shall be conducted by a
				  representative of the department.
(b) One or more site evaluations may be
				  conducted at any time during the accreditation or registration periods to
				  determine registered certifying agent's compliance with this chapter.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 6 - Certification of Operations › Section 10500 - General Requirements for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person seeking to receive or maintain OCal certification
					 under the regulations in this chapter shall:
(a) Have an active and valid state commercial
				  cannabis license;
(b) Comply with
				  all applicable requirements of this chapter;
(c) Complete, implement, and update annually
				  an OCal system plan that is submitted to the registered certifying agent
				  pursuant to section
				  10201 of this chapter;
(d) Permit on-site inspections by authorized
				  representatives of the department and the registered certifying agent with
				  complete access to the production operation, including noncertified production
				  areas, structures, and offices pursuant to section
				  10503 of this chapter;
(e) Maintain all records applicable to the
				  certified operation for not less than five years beyond their creation and
				  allow authorized representatives of the department and the registered
				  certifying agent access to such records during standard business hours for
				  review and copying to determine compliance with this chapter pursuant to
				  section 10104 of this chapter. For the
				  purposes of this section, standard business hours are 8:00am - 5:00pm (Pacific
				  Time), Monday through Friday, excluding holidays.
(f) Submit the applicable fees charged by the
				  registered certifying agent; and
(g) Immediately notify the registered
				  certifying agent concerning any:
(1)
				  Application, including drift, of a prohibited substance to any product, field,
				  production unit, site, or facility that is certified under the
				  department;
(2) Change in a
				  certified operation or any portion of a certified operation that may affect
				  certified operations compliance with this chapter; and
(3) Change in commercial cannabis license
				  status that would make an operation ineligible for
				  certification.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 6 - Certification of Operations › Section 10501 - Application for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  person seeking certification of an operation under this chapter shall submit an
				  application for certification to the registered certifying agent. The
				  application shall include the following information:
(1) An OCal system plan, as required in
				  section 10201 of this chapter;
(2) The name, business name, and business
				  telephone number of the individual completing the application,
(3) The name, business address, and business
				  telephone number of the commercial cannabis licensee;
(4) The name, address, email address, and
				  telephone number of the commercial cannabis licensee;
(5) A list of all valid commercial cannabis
				  license types the commercial cannabis licensee holds and the associated license
				  numbers from the licensing authority;
(6) The name(s) of any OCal registered
				  certifying agent(s) to which application has previously been made; the year(s)
				  of application; the outcome of the application(s) submission, including, when
				  available, a copy of any notification of non-compliance or denial of
				  certification issued to the applicant for certification; and a description of
				  the actions taken by the applicant to correct the non-compliances noted in the
				  notification of non-compliance, including evidence of such
				  correction;
(7) A statement of
				  consent allowing the department to obtain all information regarding OCal
				  certification from any certifying agent registered by the department to certify
				  under the OCal program; and
(8)
				  Other information deemed necessary by the registered certifying agent to
				  determine compliance with this chapter, including, but not limited to,
				  additional information regarding the origin of inputs, amendments to the OSP,
				  and information regarding substances used on adjacent land.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 6 - Certification of Operations › Section 10502 - Review of Certification Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon acceptance of an application for certification, the registered certifying
				  agent shall:
(1) Review the application to
				  ensure completeness pursuant to section
				  10501 of this chapter;
(2) Determine by a review of the application
				  materials whether the applicant can comply with the applicable requirements of
				  this chapter;
(3) Verify the
				  applicant who previously applied to another registered certifying agent and
				  received a notification of non-compliance or denial of certification, pursuant
				  to section 10505 of this chapter, has
				  submitted documentation to support the correction of any non-compliances
				  identified in the notification of non-compliance or denial of certification, as
				  required in section
				  10505(e) of this
				  chapter; and
(4) Schedule an
				  on-site inspection of the operation to determine whether the applicant
				  qualifies for certification if the review of application materials reveals the
				  operation may be in compliance with the applicable requirements of this
				  chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 6 - Certification of Operations › Section 10503 - On-Site Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
On-site inspections.
(1) The
				  registered certifying agent shall conduct an initial on-site inspection of each
				  operation. An on-site inspection shall be conducted annually thereafter for the
				  purpose of determining whether the certification of the operation should
				  continue. Initial and annual on-site inspections shall include each of the
				  operation's units, facilities, or sites intended for the production of OCal
				  cannabis.
(2)
(A) The registered certifying agent may
				  conduct additional on-site inspections of applicants for certification and
				  certified operations to determine compliance with this chapter.
(B) The department may require additional
				  inspections be performed by the registered certifying agent for the purpose of
				  determining compliance with this chapter.
(C) Additional inspections may be announced
				  or unannounced at the discretion of the registered certifying agent or as
				  required by the department.
(D) The
				  registered certifying agent shall follow-up on any deficiencies found, which
				  may include a subsequent inspection, to ensure compliance with this
				  chapter.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 6 - Certification of Operations › Section 10504 - Granting Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon completion of the initial on-site inspection, the registered certifying
				  agent shall review the on-site inspection report, the results of any analyses
				  for substances conducted, and any additional information requested from or
				  supplied by the applicant. If the registered certifying agent determines that
				  the OCal system plan and all procedures and activities of the applicant's
				  operation are in compliance with the requirements of this chapter and that the
				  applicant is able to conduct operations in accordance with the plan, the
				  registered certifying agent shall begin granting certification. The
				  certification may include requirements for the correction of correctable
				  non-compliances within a specified time period as a condition of continued
				  certification. The operation is certified upon issuance of the
				  certificate.
(b) The department
				  shall issue each operation a certification number pursuant to section
				  10408(b) of this
				  chapter.
(c) The registered
				  certifying agent shall issue a certificate of OCal operation which specifies:
(1) Name and premises address of the
				  certified operation;
(2)
				  Department-issued certification number;
(3) Effective date of initial
				  certification;
(4) Most recent
				  inspection date;
(5) The
				  operation's commercial cannabis license numbers and license types;
(6) Name, address, and telephone number of
				  the registered certifying agent.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 6 - Certification of Operations › Section 10505 - Denial of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When the registered certifying agent has reason to believe, based on a review
				  of the information specified in section
				  10502 or
				  10504 of this chapter, that the
				  applicant for certification is not able to comply or is not in compliance with
				  the requirements of this chapter, the registered certifying agent shall provide
				  a written notification of non-compliance to the applicant. When correction of a
				  notice of non-compliance is not possible, a notification of non-compliance and
				  a notification of denial of certification may be combined in one notification.
				  The notification of non-compliance shall provide:
(1) A description of each
				  non-compliance;
(2) The facts upon
				  which the notification of non-compliance is based; and
(3) The date by which the applicant shall
				  rebut or correct each non-compliance and submit supporting documentation of
				  each such correction when correction is possible.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 6 - Certification of Operations › Section 10506 - Continuation of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  continue certification, a certified operation shall annually pay the
				  certification fees and submit the following information, as applicable, to the
				  registered certifying agent:
(1) An updated
				  OCal system plan that includes:
(A) A summary
				  statement, supported by documentation, detailing any deviations from, changes
				  to, modifications to, or other amendments made to the previous year's OCal
				  system plan during the previous year; and
(B) Any additions or deletions to the
				  previous year's OCal system plan, intended to be undertaken in the coming year,
				  detailed pursuant to section
				  10201 of this
				  chapter;
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 7 - Fees › Section 10600 - Fees and Other Charges for Accreditation and Accreditation Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  non-refundable application fee of $500.00 shall be due at the time of
				  application. This fee will be applied to the total amount due for
				  accreditation.
(b) The department
				  shall charge an hourly fee for service of $55.00 for time spent on
				  accreditation or accreditation renewal. Accreditation fees are based on the
				  time required to render the service provided calculated to the nearest
				  15-minute period. Fees cover the review of applications and accompanying
				  documents and information, evaluator travel time, the conduct of on-site
				  evaluations, review of annual reports and updated documents and information,
				  and the time required to prepare reports and any other documents in connection
				  with the performance of service.
(c) Travel and per diem charges shall be
				  administratively determined by the California Department of Human Resources,
				  California Code of Regulations, title 2, division 1, chapter 3, subchapter 1,
				  article 2, (commencing with section
				  599.615). Per diem charges to the
				  applicant will cover the same period of time for which the evaluator(s)
				  receives per diem reimbursement. The accreditation or accreditation renewal
				  applicant will not be charged a new travel or per diem rate without
				  notification before the service is rendered.
(d) When costs other than costs specified in
				  paragraphs (a), (b), and (c) of this section are associated with providing the
				  services, the accreditation or accreditation renewal applicant will be charged
				  for these costs. Such costs include, but are not limited to, equipment rental,
				  photocopying, delivery, facsimile, telephone, or translation charges incurred
				  in association with accreditation services. The amount of the costs charged
				  will be determined administratively by the department.
(e) The balance due upon completion of
				  accreditation or accreditation renewal shall be billed to the applicant and due
				  to the department 10 calendar days after the bill or notice date. Fees shall be
				  collected from applicant prior to issuance of accreditation or accreditation
				  renewal.
1. New
					 article 7 (sections
					 10600-10603) and section filed
					 7-14-2021; operative 7-14-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 7 - Fees › Section 10601 - Fees for Registration and Registration Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Fees for initial registration shall be due at the time of registration. Initial
				  registration shall expire on January 1 of the year following initial
				  registration.
(1) 12-month incentive fee. The
				  initial registration fee shall be a flat fee of $1,000.00 if a certifying agent
				  is registered during first nine months following the program's start date, or
				  $750.00 if a certifying agent is registered during the final three months of
				  the 12-month period following the program's start date.
(2) Regular, on-going fee. At the end of the
				  12-month period following the program's start date, the initial registration
				  fee shall be a flat fee of $5,000.00 if a certifying agent is registered during
				  the first three quarters of the year, and $3,000.00 if a certifying agent is
				  registered during the final quarter of the year
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 7 - Fees › Section 10602 - Fees and Other Charges for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Fees charged by a registered certifying agent must be reasonable and a
				  registered certifying agent shall charge applicants for certification and
				  certified cultivation and distribution operations only those fees and charges
				  that it has filed with the department.
(b) The registered certifying agent shall
				  provide each applicant with an estimate of the total cost of certification and
				  an estimate of the annual cost of updating the certification.
(c) The certifying agent may require
				  applicants for certification to pay at the time of application a nonrefundable
				  fee which shall be applied to the applicant's fees-for-service account.
(1) The certifying agent may set the
				  nonrefundable portion of certification fees; however, the nonrefundable portion
				  of certification fees must be explained in the fee schedule submitted to the
				  department.
(2) The fee schedule
				  must explain what fee amounts are nonrefundable and at what stage during the
				  certification process fees become nonrefundable.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 7 - Fees › Section 10603 - Payment of Department Fees and Other Charges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Fees shall be paid in accordance with sections
					 10600 or
					 10601 and pursuant to the
					 directions on the bill or notice.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10700 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department may inspect, audit, review or investigate a
					 certified operation's or a registered certifying agent's compliance with this
					 chapter with or without prior notice.
1. New
					 article 8 (sections
					 10700-10713) and section filed
					 7-14-2021; operative 7-14-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10701 - Adverse Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department may initiate one or a combination of the following actions on a
				  registration, accreditation, or certification:
(1) Notice of Non-compliance;
(2) Notice of Proposed Suspension;
(3) Notice of Proposed Revocation;
				  or
(4) Notice of Suspension or
				  Revocation.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10702 - Investigation of Certified Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  registered certifying agent shall investigate suspected non-compliance and
				  credible complaints of non-compliance with this chapter concerning operations
				  certified as OCal by the registered certifying agent.
(b) The registered certifying agent must
				  notify the department of all compliance proceedings and actions taken pursuant
				  to this chapter.
(c) The department
				  may assign a complaint against a certified operation to its registered
				  certifying agent for investigation and specify a timeframe during which the
				  investigation shall take place as agreed upon between the department and the
				  registered certifying agent.
(d)
				  The registered certifying agent shall investigate a complaint against a
				  certified operation within the specified timeframe determined in subdivision
				  (c).
(e) The registered certifying
				  agent may refer an investigation back to the department, within the specified
				  timeframe determined in subdivision (c), if the registered certifying agent
				  lacks resources, expertise, or for some other reason beyond its control is
				  unable to resolve the case. The registered certifying agent shall provide the
				  department written explanation for its inability to reach a conclusion along
				  with all findings.
(f) The
				  registered certifying agent shall, in a timely manner, take appropriate action
				  against a certified operation.
(g)
				  If the registered certifying agent fails to comply with paragraphs (a) through
				  (f) of this section, the department will resolve the complaint or take
				  appropriate action against a certified operation and may begin non-compliance
				  proceedings against the registered certifying agent pursuant to section
				  10705 of this chapter.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10703 - Non-Compliance Procedures for Certified Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  registered certifying agent shall notify the certified operation and the
				  department of any denial of certification or proposed fine, proposed
				  suspension, or proposed revocation of a certification pursuant to this
				  chapter.
(b)
Notice of
				  non-compliance.
When an inspection, audit, or review of a certified
				  operation by the registered certifying agent or the department reveals any
				  non-compliance with this chapter, a written notification of non-compliance
				  shall be sent to the certified operation. Such notification shall provide:
(1) A description of each
				  non-compliance;
(2) The facts upon
				  which the notification of non-compliance is based; and
(3) The date by which the certified operation
				  shall rebut or correct each non-compliance and submit supporting documentation
				  of each such correction when correction is possible.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10704 - Mediation for Certified Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any dispute with respect to denial of certification or
					 proposed suspension or revocation of certification under this chapter may be
					 mediated at the request of the applicant for certification or certified
					 operation and with acceptance by the registered certifying agent. Mediation
					 shall be requested in writing to the applicable registered certifying agent. If
					 the registered certifying agent rejects the request for mediation, the
					 registered certifying agent shall provide written notification to the applicant
					 for certification or certified operation. The written notification shall advise
					 the applicant for certification or certified operation of the right to request
					 an appeal, pursuant to section
					 10706 of this chapter, within 30
					 calendar days of the date of the written notification of rejection of the
					 request for mediation. If mediation is accepted by the registered certifying
					 agent, such mediation shall be conducted by a qualified mediator mutually
					 agreed upon by the parties to the mediation. The parties to the mediation shall
					 have no more than 30 calendar days to reach an agreement following a mediation
					 session. If mediation is unsuccessful, the applicant for certification or
					 certified operation shall have 30 calendar days from termination of mediation
					 to appeal the registered certifying agent's decision pursuant to section
					 10706 of this chapter. Any
					 agreement reached during or as a result of the mediation process shall be in
					 compliance with the regulations in this chapter. The department may review any
					 mediated agreement for conformity to the regulations in this chapter and may
					 reject any agreement or provision not in conformance with this chapter.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10705 - Non-Compliance Procedure for Registered Certifying Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Notice of non-compliance.
When an inspection, audit, or review
				  of the registered certifying agent by the department reveals any non-compliance
				  with this chapter, a written notification of non-compliance shall be sent to
				  the registered certifying agent. Such notification shall provide:
(1) A description of each
				  non-compliance;
(2) The facts upon
				  which the notification of non-compliance is based;
(3) The date by which the registered
				  certifying agent shall rebut or correct each non-compliance and submit
				  supporting documentation of each correction when correction is
				  possible.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10706 - Appeals - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  certified operation or certifying agent (respondent) may appeal a denial, the
				  imposition of administrative fines pursuant to section
				  10701(e), or
				  proposed notice of suspension or revocation to the department.
(b) All appeals shall be reviewed, heard, and
				  decided by persons not involved with the decision being appealed.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10707 - Appeals-Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  registered certifying agent or certified operation may appeal a notice of
				  denial, proposed suspension or revocation, suspension or revocation, or the
				  imposition of administrative fines pursuant to section
				  10701(e), by
				  submitting a written request for an informal hearing to the Department of Food
				  and Agriculture, Legal Office of Hearings and Appeals, 1220 "N" Street, Suite
				  315, Sacramento, California 95814 or via email to [email protected]. The
				  request shall be received by the department within 30 calendar days after the
				  date of the notice. The request shall include the following:
(1) Certifying agent or certified operation's
				  (respondent's) name, mailing address, and daytime phone number;
(2) Respondent's certification number (if
				  applicable);
(3) A copy of the
				  notice; and
(4) A request for a
				  telephonic hearing, if preferred.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10708 - Appeals - Evidence Provided by Certifying Agent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the certified operation (respondent) appeals the proposed suspension or
				  revocation action, notice of denial, or imposition of administrative fines by
				  the certifying agent, the department shall request in writing evidence from the
				  certifying agent to support the proposed suspension or revocation
				  action.
(b) Within 30 days from the
				  date of the request by the department, the certifying agent shall provide or
				  send all information supporting the proposed suspension or revocation action to
				  the department.
(c) If the
				  certifying agent fails to send supporting information to the department within
				  the specified time frame, the appeal shall be sustained with no impact on the
				  respondent's certification.
(d)
				  Within 45 days from the date of the request for supporting evidence, the
				  department shall send the respondent either a notice of informal hearing
				  pursuant to section
				  10709 of this chapter or notify the
				  respondent that the appeal is sustained with no impact on the respondent's
				  certification.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10709 - Appeals - Informal Hearing Schedule and Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall schedule an informal hearing within 45 calendar days from
				  receipt of the request for an informal hearing.
(b) The department shall provide notice of
				  the informal hearing to the respondent. The notice shall contain the following
				  information:
(1) Date, location, and time of
				  the informal hearing;
(2) A
				  statement to the respondent that the respondent may, but need not, be
				  represented by counsel at any or all stages of the proceedings;
(3) Summary of the violations;
(4) Any other information or documentation
				  necessary for the hearing; and
(5)
				  A copy of California Code of Regulations, title 3, section
				  10710.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10710 - Appeals - Conduct of Informal Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Informal hearings shall be conducted as follows:
(a) The standard of proof to be applied by
				  the hearing officer shall be a preponderance of the evidence.
(b) The respondent may request a hearing by
				  phone by submitting the request with the appeal pursuant to section
				  10707.
(c) The hearing officer shall issue a written
				  decision:
(1) Within 30 calendar days after
				  the conclusion of the hearing;
(2)
				  That includes a statement of the factual legal basis of the decision;
				  and
(3) By personal service, mail,
				  email, or via facsimile, depending upon the method by which the appeal was
				  received.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10712 - Exclusion from Sale as Ocal and Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When residue testing detects unavoidable residual
					 environmental contamination or prohibited substances at levels greater than
					 0.01 parts per million (ppm) or greater than the action level set by the Bureau
					 of Cannabis Control if this action level is greater than 0.01 parts per million
					 (ppm), the cannabis product shall not be sold, labeled, or represented as OCal.
					 The registered certifying agent shall investigate pursuant to section
					 10702 of this chapter.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 3 - Food and Agriculture › Division 8 - Cannabis Cultivation › Chapter 3 - Ocal Program › Article 8 - Compliance › Section 10713 - Emergency Pest or Disease Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a prohibited substance is applied to a certified
					 operation due to a federal or state emergency pest or disease treatment program
					 and the certified operation otherwise meets the requirements of this chapter,
					 the certification status of the operation shall not be affected as a result of
					 the application of the prohibited substance,
but
, any
					 harvested crop or plant part to be harvested that has contact with a prohibited
					 substance applied as the result of a federal or state emergency pest or disease
					 treatment program cannot be sold, labeled, or represented as OCal.
1. New
					 section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2021, No. 29).
Note: Authority cited: Sections
						26012
						and
						26013,
						Business and Professions Code. Reference: Sections
						26013,
						26062
						and
						26062.5,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 1 - Violation of Rules [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				article 1 (section
				1) filed 11-6-96; operative 12-6-96
				(Register 96, No. 45). For prior history, see Register 77, No. 25.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 2 - Records › Section 4 - General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 11-15-45 as an emergency; effective upon filing (Register
				  2).
2. Repealer filed 3-18-55; effective 30th day thereafter
				  (Register 55, No. 4).
Note: Authority cited for repealer filed 3-18-55: Sections
					 24432,
					 25750,
					 25752,
					 Business and Professions Code, and Section
					 22, Article XX, California
					 Constitution. Issuing agency: State Board of Equalization.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 2 - Records › Section 6 - Price of License Acquisition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Section
				  6 filed 10-8-64 as an emergency;
				  effective upon filing (Register 64, No. 20).
2. Repealer filed
				  9-24-65; effective thirtieth day thereafter (Register 65, No. 18).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code, and Section
					 22 of Article XX, California
					 Constitution.