1. (a) Actions that may be appealed include:

   1. (1) Disqualification of an application.
   2. (2) Imposition of additional conditions.
   3. (3) Suspension or termination for cause of a grant agreement.
   4. (4) Delay of reimbursement payment.
2. (b) Appeals must be in writing, postmarked within 10 calendar days of the date of the notification of the action, and mailed or e-mailed to the California Department of Food and Agriculture, Office of Hearings and Appeals [email protected].

3. (c) The appeal shall include:

   1. (1) A copy of the notification or the name of the applicant or recipient organization.
   2. (2) The proposal or project identification number.
   3. (3) The title of the proposal or project.
   4. (4) The reasons the action should not be imposed, including any documentation to support the appeal.
   5. (5) The signature of the authorized representative.
4. (d) Appeals not post marked timely will be denied.
5. (e) The action or actions specified in the notification shall remain in effect while the appeal is under review.
6. (f) A decision on the appeal will be issued no later than 10 calendar days from the date the appeal is received, unless notice is provided in writing to the Recipient that the decision will be issued at a later date not to exceed 30 days from the date the appeal is received.

Note: Authority cited: Sections 407 and 485, Food and Agricultural Code. Reference: Sections 201, 401, 401.5, 404 and 485, Food and Agricultural Code; and Section 18901.9.2, Revenue and Taxation Code.

History

1. New section filed 9-21-2016; operative 1-1-2017. Exempt from Administrative Procedure Act pursuant to Food and Agricultural Code Section 485(d), which provides “Procedures, forms, and guidelines established for these grant programs, including the application process, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.” (Register 2016, No. 39).

2. Amendment of subsections (a)(3)-(4) and (b) and amendment of Note filed 12-30-2024; operative 1-1-2025. Exempt from the APA pursuant to Food and Agricultural Code section 485 and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2025, No. 1).