California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 1 - Fruit and Vegetable Standardization › Subchapter 4 - Fresh Fruits, Nuts and Vegetables › Article 6.5 - Direct Marketing › Section 1392.10.1 - Appeal of a California Department of Food and Agriculture Notice of Proposed Action and Informal Hearing Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 secretary may, at any time, issue a written notice of proposed action which
					 shall include the nature of the violation and if applicable the amount of the
					 proposed penalty and/or length of the proposed suspension in accordance with
					 Food and Agricultural Code section
					 47025(c).
(b) A notice of proposed action shall be sent
					 by certified mail, or a mail delivery service that tracks the delivery, to the
					 last known address on file with the Department, of the person charged. The
					 notice shall be considered received even if delivery is refused or if the
					 notice is not accepted at that address.
(c) The person charged may appeal a notice of
					 proposed action, including an administrative civil penalty or suspension, for
					 any violation, within 20 calendar days after receiving the notice of proposed
					 action, by submitting a written request to the Legal Office of Hearings and
					 Appeals of the California Department of Food and Agriculture, as provided in
					 the notice of proposed action. Any objection to the California Department of
					 Food and Agriculture's selection of the informal hearing procedure shall be
					 made in writing to the Legal Office of Hearings and Appeals and shall be
					 resolved by the Hearing Officer prior to the hearing, pursuant to Government
					 Code section
					 11445.30.
(d) Failure to submit a timely request for a
					 hearing constitutes a waiver of the appellant's right to contest the notice of
					 proposed.
(e) At least 10 business
					 days before the hearing, the California Department of Food and Agriculture
					 shall provide a notice of the informal hearing to the appellant providing the
					 date, location, and time of the informal hearing.
(f) A notice of informal hearing which is
					 sent to the last known address, on file with the Department, of the appellant,
					 shall be considered received even if delivery is refused or if the notice is
					 not accepted at that address.
(g)
					 Any documents to be considered by the hearing officer shall be received by the
					 Legal Office of Hearings and Appeals at least 3 business days prior to the
					 scheduled informal hearing. Any documents not timely submitted may be
					 considered at the discretion of the hearing officer.
(h) Informal hearings shall be conducted as
					 follows:
(1) The informal hearing shall be
					 presided over and conducted by a hearing officer designated by the
					 secretary.
(2) The standard of
					 proof to be applied by the hearing officer shall be preponderance of the
					 evidence unless statutes or regulations applicable to the determination provide
					 a higher standard.
(3) A
					 teleconference line shall be made available.
(4) Hearings shall be recorded by the
					 California Department of Food and Agriculture. A transcript of the recording or
					 an electronic copy of the recording shall be provided to any interested party
					 upon written request.