1. (a) Revocation of a Permit by the Department. The department shall revoke a permit if a permittee, their designee, or sub-permittee, authorized person, or qualified handler has violated any provision of the Fish and Game Code or regulations adopted pursuant thereto, Penal Code section 597, or the terms and conditions of the permit or a sub-permit, or has been convicted of a crime of moral turpitude, unless the department finds:

   1. (1) An action other than a revocation, such as a written warning with a description of the changes required to meet the standards in these regulations, would likely cause a permittee or their designee to cure an existing violation or not violate in the future; and

   2. (2) There is little likelihood that there will be any harm to wildlife possessed by the permittee, native wildlife, agricultural interests of this state, or human health or safety, as based on the totality of the circumstances including but not limited to:

      1. (A) the nature, scope, irreversibility, and severity of the violation; the acknowledgment and awareness by the permittee of the harm caused by the violation; and
      2. (B) the extent to which the permittee cooperated with the department; and, measures undertaken by the permittee to remediate the violation.

2. (b) Revocation of a Sub-Permit by the Department. The department shall revoke a sub-permit if either:

   1. (1) The permittee, their designee, sub-permittee, authorized person(s), or qualified handler, has violated any provision of the Fish and Game Code or regulations adopted pursuant thereto, Penal Code section 597, or the terms and conditions of the permit or a sub-permit, or has been convicted of a crime of moral turpitude, unless the department finds:

      1. (A) An action other than a revocation, such as a written warning issued to a permittee, their designee, or sub-permittee would likely cause a permittee, their designee, sub-permittee, authorized person, or qualified handler, to cure an existing violation or not violate in the future; and
      2. (B) There is little likelihood that there will be any harm to wildlife possessed by the sub-permittee, native wildlife, agricultural interests of this state, or human health or safety, as based on the totality of the circumstances including but not limited to, the nature, scope, irreversibility, and severity of the violation; the acknowledgment and awareness by the permittee of the harm caused by the violation; the extent to which the sub-permittee cooperated with the department; and, measures undertaken by the sub-permittee to remediate the violation.

   2. (2) The permit is no longer valid, except for the following:

      1. (A) A sub-permittee listed under a contingency plan approved by the department as a person allowed to provide continuity of care of rehabilitation animals for up to the expiration date of the valid permit term pursuant to subsection 679.3(a)(6)(A)7g; or
      2. (B) A sub-permittee authorized by the department to operate under an invalid permit pursuant to subsection 679.8(b)(1) and (2).

3. (c) Request to Remove a Designee, Sub-Permittee, Authorized Person, or Qualified Handler. A permittee or their designee shall request an amendment to the department in writing via email at [email protected] to remove a designee, sub-permittee, authorized person, or qualified handler from the permit and shall provide the following information in a form provided by the department:

   1. (1) Permittee Information. Full name, GO ID, telephone number, email address, physical address, mailing address if different, facility name.
   2. (2) Sub-permittee, Designee, Authorized Person, Qualified Handler Information. Full name, telephone number, email address, physical address, mailing address if different, satellite facility name if applicable.
   3. (3) Reason for Revocation. Person has relocated; is no longer able to work/volunteer; has retired; has failed inspection with brief description of non-compliant items; has refused inspection with a brief description and date of each attempt to schedule an inspection; is not in good standing under permit with a brief description of reason for not being in good standing.
4. (d) Proof of Service and Method of Service. A notification of a denial issued pursuant to section 679.3 or this section, or department revocation issued pursuant to this section, or a notification of a denial of a variance request pursuant to subsection 679.4(c), shall include a proof of service indicating the date the department sent the notification. The department shall send such a notification by United States Postal Service, overnight carrier, or electronic mail.

5. (e) Request for Reconsideration. Any applicant whose application for a permit or sub-permit is denied pursuant to section 679.3, whose application for a specialty rehabilitation authorization is denied pursuant to section 679.3, or whose variance request is denied pursuant to subsection 679.4(c) may submit a written request for reconsideration to the department.

   1. (1) A request for reconsideration shall set forth the reasons why the Department should reconsider the denial and may include any relevant documents.
   2. (2) A request for reconsideration shall contain a statement signed and dated by the applicant or permittee under penalty of perjury that states in effect, “I declare under penalty of perjury that the information contained in this request for reconsideration is true and correct.”
   3. (3) An applicant shall send a request for reconsideration via electronic mail no later than 30 calendar days after the date on the proof of service described in paragraph (d), to the following email address: [email protected]. The department shall not accept a request for reconsideration that is submitted after the 30 calendar day deadline or is not signed under penalty of perjury.
   4. (4) The department shall consider any information submitted with the request for reconsideration, and within 60 calendar days may, in its sole discretion, sustain, reverse, or amend its permitting decision. The basis for this action may include, but is not limited to, a mistake of fact or law, or because the permittee or applicant has taken corrective actions to meet all requirements and standards pursuant to department direction. If the permitting decision is reversed or amended, the department must determine that a reversal or amendment of its permitting decision will not likely adversely impact animal welfare; native wildlife; agricultural interests of this state; and human health and human safety.
   5. (5) Denial Hearing. Any person whose denial is sustained by the department may request a hearing before the commission to show cause why their permit request should not be denied. The request for a hearing shall be sent by electronic mail no later than 30 calendar days after the date on the proof of service described in paragraph (d) to the following email address: [email protected]. The commission shall not accept a request for a hearing that is submitted after the 30 calendar day deadline.

6. (f) Revocation Hearing. Any permittee or sub-permittee whose permit or sub-permit has been revoked by the department may request a hearing before the commission to show cause why their permit or sub-permit should not be revoked.

   1. (1) The request for a hearing shall be sent by electronic mail no later than 30 calendar days after the date on the proof of service described in paragraph (d) to the following email address: [email protected]. The commission shall not accept a request for a hearing that is submitted after the 30 calendar day deadline.
7. (g) Effect on the Seizure, Transfer, Euthanasia, or Release of Wildlife. Nothing in this section, subsection 679.3(a)(3), or subsection 679.3(c)(4) shall affect the seizure, transfer, euthanasia, or release of wildlife pursuant to Section 679.8.

Note: Authority cited: Sections 200, 1050, 2122, 2081, 2150.4, 3005.5, 3800 and 4150, Fish and Game Code. Reference: Sections 2000, 2125, 3005 and 12159, Fish and Game Code; Section 597, Penal Code; and Title 50, Code of Federal Regulations, Parts 14, 16, 17, 21.29, 21.30, 21.31, 22 and 23.

History

1. New section filed 8-13-2025; operative 8-13-2025 pursuant to Fish and Game Code section 265 (Register 2025, No. 33).