1. (a) Before a civil penalty is levied pursuant to Section 43003 or Section 885 of the California Food and Agricultural Code, the person charged with the violation shall receive written notice of the proposed action including the nature of the violation and the amount of the proposed penalty. The person shall be allowed to review any evidence related to the matter that is in the possession or control of the county agricultural commissioner or the Department of Food and Agriculture. The person shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice may be served to the person charged by certified mail to the address provided on the person's licensing, registration, and/or certification on file with the county agricultural commissioner or the Department of Food and Agriculture. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the commissioner's hearing and the person shall be allowed to present evidence on his or her own behalf. If a hearing is not timely requested, the commissioner may take the action proposed without a hearing.

   1. (1) The hearing shall be conducted by an unbiased hearing officer who has not served as an investigator, prosecutor or advocate regarding the proposed action.
   2. (2) A record shall be made of the proceedings.
   3. (3) A decision shall be rendered by the City Agricultural Commissioner and shall be based only upon evidence presented to the hearing officer during the hearing.
2. (b) If a respondent in an administrative action agrees to pay the proposed penalty, a signed stipulation with the payment of the proposed administrative penalty shall be returned to the county agricultural commissioner within 45 days of the postmark of the notice of proposed action.
3. (c) If an administrative hearing is requested, a final decision and order shall be made by a hearing officer within 60 days of the conclusion of the hearing. This order will be mailed to the address provided by the respondent. Any penalty imposed shall be due and payable within 45 days of the postmark of such order, unless the respondent timely files a written appeal to the secretary.

Note: Authority cited: Sections 407 and 42681, Food and Agricultural Code. Reference: Sections 401, 885 and 43003, Food and Agricultural Code.

History

1. New article 2.1 (sections 1371-1371.2) and section filed 3-15-2007; operative 4-14-2007 (Register 2007, No. 11).