California Code of Regulations › Title 4 - Business Regulations › Division 9 - Division of Measurement Standards, Department of Food and Agriculture › Chapter 12 - Administration › Article 1 - Permit Reform Act › Section 4701 - Appeal Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following information shall be included on application forms for all Department
				  permits subject to Government Code sections
				  15374-
				  15378:
"The Department of Food and Agriculture has established
					 time periods for the processing of permit applications, in compliance with
					 Government Code section
					 15374-
					 15378.
					 Failure to comply with these time periods may be appealed to the Secretary of
					 Food and Agriculture, 1220 N Street, P.O.Box 942871, Sacramento, CA 94271-0001,
					 pursuant to regulations set forth in Title 4, California Code of Regulations,
					 section 4701. Under certain circumstances,
					 the Secretary may order that the applicant receive a reimbursement of filing
					 fees."
(b) An applicant
				  whose application for a permit has not been processed by the Department within
				  the time periods established by section
				  4700 may appeal in writing to the
				  Secretary of the Department of Food and Agriculture. The appeal shall set forth
				  a concise statement of facts and chronology of events regarding the
				  application. An appeal concerning a permit application on which a final
				  decision has been made must be filed within 30 days of the date the applicant
				  was notified of the decision.
(c)
				  The Secretary shall promptly review an appeal filed under this section and,
				  shall issue a decision within 30 days after conducting any investigation of the
				  matter which the Secretary deems appropriate.
(d) If the Secretary finds that a program
				  exceeded the time limit for informing the permit applicant that an application
				  is complete or is deficient and requires additional information to be
				  processed, the Secretary shall direct the program to make its determination by
				  a specified date and so inform the applicant.
(e) The time period within which the
				  Department must make a decision to issue or deny the permit commences with the
				  date the complete application is received. If the Secretary finds that the
				  Department exceeded the time period for acting on a completed application
				  without the good cause defined by Government Code section
				  15376(h),
				  all filing fees paid by the permit applicant will be refunded.
1. Change
					 without regulatory effect pursuant to section
					 100, Title 1, California Code of
					 Regulations adding section
					 4701 filed 5-2-90; operative 5-2-90
					 (Register 90, No. 24).
2. Change without regulatory effect amending
					 section filed 2-28-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 9).
Note: Authority cited: Sections
						15376 and
						15378,
						Government Code; and Section
						12027, Business and Profession
						Code. Reference: Sections
						15376 and
						15378,
						Government Code.