- (a) The informal hearing shall be presided over and conducted by a Hearing Officer designated by the Secretary.
- (b) 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.
- (c) A teleconference line shall be made available at every hearing.
- (d) Hearings shall be recorded by the Department. A transcript of the recording or an electronic copy of the recording shall be provided to any interested party upon written request.
- (e) The decision of the Hearing Officer shall be in writing, issued within 30 days after the conclusion of the hearing, and shall be effective immediately upon issuance.
- (f) The decision shall be served on the respondent by the U.S. Mail or, if available, by electronic mail.
- (g) The respondent may appeal the hearing officer's decision and order by filing a petition for a writ of administrative mandamus in accordance with the Code of Civil Procedure section 1094.5.
Note: Authority cited: Section 407, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 11445.40, 11445.50 and 11445.60, Government Code.
History
1. New section filed 5-5-2003 as an emergency; operative 5-5-2003 (Register 2003, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-5-2003 order transmitted to OAL 7-16-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment of section heading, section and Note filed 11-20-2020; operative 1-1-2021 (Register 2020, No. 47). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.