California Code of Regulations › Title 3 - Food and Agriculture › Division 1 - Administration › Chapter 4 - Permit Reform Act › Article 1 - Department of Food and Agriculture-Permit Reform Act › Section 301 - 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 Sections
					 15374-
					 15378.
					 Failure to comply with these time periods may be appealed to the Director of
					 Food and Agriculture, 1220 N Street, P.O. Box 942871, Sacramento, CA
					 94271-0001, pursuant to regulations set forth in Title 3, California Code of
					 Regulations, Section
					 301. Under certain circumstances,
					 the Director 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
				  300 may appeal in writing to the
				  Director 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 Director 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 Director deems appropriate.
(d) If the Director 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 Director 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 Director 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. New
					 section filed 11-28-89; operative 1-1-90 (Register 89, No. 49).
2.
					 Change without regulatory effect amending NOTE filed 1-21-2015 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2015, No. 4).
Note: Authority cited: Section
						407,
						Food and Agricultural Code. Reference: Sections
						5302,
						6305,
						6721,
						9210,
						10981,
						14281,
						14321,
						14591,
						14601,
						15051,
						16153,
						18990,
						19000,
						19010,
						19240,
						19260,
						19300,
						19300.5,
						19310,
						19320,
						24741,
						24742,
						25051,
						25052,
						33112,
						33112.1,
						33227,
						33704,
						35011,
						35167,
						52351
						and
						52903,
						Food and Agricultural Code.