California Code of Regulations › Title 3 - Food and Agriculture › Division 2 - Animal Industry › Chapter 7 - Restricted Animals › Article 3 - Quarantine › Section 1301.3 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  an appeal is received pursuant to the conditions set forth in section
				  1301.2, the hearing shall be held
				  within 48 hours of receipt of the appeal.
(b) Hearings shall be presided over and
				  conducted by a Hearing Officer designated by the State Veterinarian.
(c) The standard of proof to be applied by
				  the Hearing Officer shall be the preponderance of the evidence.
(d) The burden of proof shall be on the
				  owner.
(e) The only issue before
				  the Hearing Officer shall be whether, when the State Veterinarian imposed the
				  Quarantine, there was reason to believe, upon any basis reasonably supportable
				  by standard epidemiological practice or credible scientific research, that a
				  population of domestic animals or food product from animals had contracted, may
				  carry, or is at risk from a condition that, without intervention, could
				  transmit an illness that could kill or seriously damage other animals or
				  humans, including, in addition to the original condition, those clinically
				  plausible secondary illnesses, infections, pathogens, contagions, toxins, or
				  conditions arising from the effects of the original. The appropriateness of the
				  action(s) (including its time and place and method) required by the Notice is
				  not before the Hearing Officer, but only whether or not there was an adequate
				  basis for imposition of the Quarantine.
(f) Hearings may be conducted by telephone,
				  at the discretion of the Hearing Officer.
(g) The decision of the Hearing Officer shall
				  be in writing. The decision shall be in minute order form, containing only a
				  brief statement of the conclusion and findings to support the conclusion. It
				  may be handwritten.
(h) The
				  decision shall be issued within 24 hours after the conclusion of the hearing
				  and may be issued orally at the conclusion of the hearing subject to written
				  confirmation.
(i) The written
				  decision shall be served on the owner either by personal service or, if
				  available, by facsimile transmission.
(j) The Hearing Officer's decision shall be
				  effective immediately upon first articulation under either subsection (g) or
				  (h) above and shall be final and not appealable to the Secretary or any other
				  officer of the Department.
(k) The
				  owner 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.
(l) Hearings shall be recorded by audio
				  tape.
1. New
					 section filed 6-15-2001 as an emergency; operative 6-15-2001 (Register 2001,
					 No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-2001
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2001, No. 43).
3. New section filed 10-24-2001 as an
					 emergency; operative 10-24-2001 (Register 2001, No. 43). A Certificate of
					 Compliance must be transmitted to OAL by 2-21-2002 or emergency language will
					 be repealed by operation of law on the following day.
4. Certificate
					 of Compliance as to 10-24-2001 order transmitted to OAL 10-23-2001 and filed
					 12-5-2001 (Register 2001, No. 49).
Note: Authority cited: Sections
						407,
						9562
						and
						9570,
						Food and Agricultural Code. Reference: Sections
						9561,
						10324,
						10493,
						10781,
						10921 and
						32767, Food and Agricultural Code;
						and Sections
						11425.50
						and
						11445.10,
						Government Code.