California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 746 - Procedures for License or Permit Revocations, Suspensions, Reinstatements, Transfers or Waivers of Renewal Requirements Including Hunting and Sport Fishing License or Permit Privileges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except where revocation, suspension, transfer,
					 reinstatement or waiver of renewal requirement procedures are specifically
					 provided for by the Fish and Game Code or regulations made pursuant thereto,
					 the commission, pursuant to the provisions of Section
					 309 of
					 the Fish and Game Code, shall comply with the following minimum safeguards to
					 afford each applicant, licensee or permittee procedural and substantive due
					 process when the commission considers revocation, suspension, transfer,
					 reinstatement or waiver of renewal requirements for a license or permit
					 including hunting and sport fishing license or permit privileges.
(a) In the case where the applicant, licensee
				  or permittee has already been convicted of a violation of the Fish and Game
				  Code or any regulation pertaining to the activity licensed or permitted by said
				  code, the commission shall comply with the following:
(1) The commission's president may appoint a
				  commissioner, the commission's legal counsel, a former Executive Director of
				  the commission, or a member of the State Bar of California with at least ten
				  years' experience in the active practice of law and determined qualified by the
				  president, to serve as a hearing officer.
(2) The hearing shall be held at such time
				  and location determined by the hearing officer with due consideration for the
				  convenience of the parties and the ends of justice. The hearing officer may
				  engage in exparte communications with the parties for the purpose of setting a
				  time and place of hearing.
(3) The
				  commission shall notify the applicant, licensee or permittee, by certified
				  letter, of the commission's intent to consider the revocation or suspension of
				  his or her license or permit privileges. The certified letter shall include the
				  following information:
(A) Name of applicant,
				  licensee or permittee and last known address the Department of Fish and Game
				  has on file.
(B) Date, time and
				  place of scheduled hearing.
(C)
				  Reason for potential commission action, including a statement as to the date
				  and fact of conviction.
(D) A copy
				  of Section
				  746, Title 14, California Code of
				  Regulations.
(E) A statement that
				  the applicant, licensee or permittee has the right to appear and to be
				  represented by counsel.
(F) A
				  statement that any continuance of the scheduled hearing date may be obtained
				  only through compliance with subsection (d) of Section
				  746, Title 14, California Code of
				  Regulations.
(4) The
				  proceedings of the hearing shall be recorded by a court reporter or an
				  electronic tape recording system.
(5) The hearing shall be conducted by the
				  hearing officer who shall control the nature and order of the
				  proceedings.
(6) At the hearing,
				  the hearing officer shall read the conviction documents. The department shall
				  provide the hearing officer with the background information regarding the
				  violation and conviction and shall submit into the record a copy of a document
				  which includes the facts of the conviction of a violation of regulation or
				  statute.
(7) The applicant,
				  licensee or permittee shall make his or her statement regarding the violation
				  and conviction, and may argue that extenuating circumstances were such as to
				  not warrant the loss of his or her license or permit privileges.
(8) The hearing officer may examine any party
				  or witness.
(9) Within 30 days of
				  the conclusion of the hearing, the hearing officer shall prepare and submit to
				  the executive director a proposed decision which shall include proposed
				  findings or reasons for the commission's action.
(10) Upon receipt of the proposed decision,
				  the commission shall provide counsel or, if appearing pro se, the applicant,
				  licensee or permittee, by certified mail, a copy of the hearing officer's
				  proposed decision.
(11) At a
				  meeting of the commission, no later than 60 days following receipt of the
				  hearing officer's proposed decision, the commission shall consider adoption of
				  the proposed decision. The commission may by order adopt, revise or reject the
				  proposed decision. The commission shall serve counsel or, if appearing pro se,
				  the applicant, licensee or permittee, by certified mail, a copy of the
				  commission's order and decision. The order is final.
(12) The applicant, licensee or permittee may
				  request judicial review by filing a petition for writ of mandate in accordance
				  with provisions of the Code of Civil Procedure within 30 days from the date of
				  service (postmark) of the order. The record of the proceedings as designated by
				  the petitioner shall be prepared by the commission and delivered to
				  petitioner's counsel or, if appearing pro se, the petitioner within 30 days
				  after petitioner's request and upon payment of the fee specified in Section
				  69950 of
				  the Government Code.