California Code of Regulations › Title 4 - Business Regulations › Division 9 - Division of Measurement Standards, Department of Food and Agriculture › Chapter 12 - Administration › Article 2 - Weights and Measures Penalty Guidelines › Section 4800 - Notice of Proposed Action and Disposition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a county sealer takes administrative action, the person charged with a
				  violation(s) shall be notified of the proposed penalty(s) and the right to
				  request a hearing. The notification shall also include the right to appeal to
				  the Secretary pursuant to the procedures provided in Section
				  12015.3(c)
				  of the Business and Professions Code.
(b) When the State Sealer takes
				  administrative action, the person charged with the violation(s) shall be
				  notified of the proposed penalty(s), and the right to request a hearing. The
				  notification shall also include the right to have the decision reviewed, within
				  30 days of receiving the sealer's decision, pursuant to Section
				  12015.3(c)
				  of the Business and Professions Code.
(c) When a respondent in an administrative
				  action agrees to stipulate to the notice of proposed action, a signed
				  stipulation with the payment of the proposed administrative penalty shall be
				  returned to the county/State Sealer within 45 days of the postmark of the
				  notice of proposed action. If the stipulation and payment of the proposed
				  administrative penalty are not received within 45 days, the county/State Sealer
				  may file a certified copy of a final decision that directs the payment of a
				  civil penalty with the clerk of the superior court of any county, pursuant to
				  Section 12015.3(d) of
				  Business and Professions Code.
(d)
				  If an administrative hearing is requested, a proposed decision and order shall
				  be made by a hearing officer within 60 days of the conclusion of the hearing.
				  The final decision and order shall be made by the sealer. This order will be
				  mailed to the respondent. Any penalty imposed shall be due and payable within
				  45 days of the postmark of such order. If a respondent fails to pay the penalty
				  and fails to timely file a written appeal pursuant to Business and Professions
				  Code Section
				  12015.3(c),
				  the sealer may take action as provided in Business and Professions Code Section
				  12015.3(d).
				  Action may be taken to collect the penalty and the collection costs actually
				  incurred.
(e) In the event that a
				  respondent fails to comply with the provisions of Business and Professions Code
				  Section
				  12015.3,
				  the sealer may take the action proposed without a hearing. This action may
				  include collection of the penalty and the collection costs actually
				  incurred.
1. New
					 article 2 and section filed 4-8-96; operative 5-8-96 (Register 96, No.
					 15).
2. Amendment of section and NOTE filed 7-20-2011; operative
					 8-19-2011 (Register 2011, No. 29).
3. Change without regulatory
					 effect amending subsections (a) and (d)-(e) and amending NOTE filed 3-1-2022
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 9).
Note: Authority cited: Section
						12015.3(b),
						Business and Professions Code. Reference: Section
						12015.3(b),
						Business and Professions Code.