1. (a) Pursuant to Food and Agricultural Code § 14651.7, notwithstanding any other provision of Chapter 5 (commencing with section 14501) of Division 7 of the Food and Agricultural Code, the Department shall refuse to issue a license pursuant to Article 4 (commencing with Section 14591), or registration pursuant to Article 5 (commencing with Section 14601), or both a license and registration, to a person if the person has a fine, fee, assessment, or penalty levied by the Department for a violation of Chapter 5 that remains unpaid after 30 days of the issuance of a hearing officer's decision, a superior court judgment pursuant to subdivision (e) of Section 14651.5, a stipulated settlement payment deadline, or any combination thereof, and until that fine, fee, assessment, or penalty is paid in full.
2. (b) A person may appeal the decision of the Department to refuse to issue a license, registration, or both pursuant to Food and Agricultural Code section 14651.7 by submitting a written appeal request, within 30 calendar days of Department notice, to the Legal Office of Hearings and Appeals of the California Department of Food and Agriculture, 1220 N Street, Suite 315, Sacramento, California 95814.
3. (c) The appeal request shall be in writing, signed by the appellant or his or her authorized agent, and shall state the grounds for the appeal.
4. (d) Pursuant to Food and Agricultural Code section 14651.7(c) the appeal shall be limited to the issue of whether the appellant has unpaid fines, fees, assessments, or penalties as described in section 14651.7(a).
5. (e) Any party to the appeal, at the time of filing the appeal, or within 10 calendar days thereafter, may submit written evidence and a written argument to the Department regarding the issue of whether the appellant has unpaid fines, fees, assessments, or penalties as described in section 14651.7(a).
6. (f) The Department shall decide the appeal on any written arguments and evidence that the Department receives regarding the issue of whether the appellant has unpaid fines, fees, assessments, or penalties as described in section 14651.7(a).
7. (g) The Department shall render a written decision within 45 calendar days of the date the appeal is received by the California Department of Food and Agriculture's Legal Office of Hearings and Appeals. A copy of the Department's decision shall be delivered via regular mail and/or electronic mail to the parties.
8. (h) The appellant may seek a review of the decision of the Department pursuant to Section 1094.5 of the Code of Civil Procedure.

Note: Authority cited: Sections 407, 14501, 14502, 14651, 14651.5 and 14651.7, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 14591, 14601, 14653, 14655, 14681 and 14682, Food and Agricultural Code; Sections 11425.50 and 11445.10, Government Code; and Section 1094.5, Code of Civil Procedure.

History

1. New section filed 11-14-2025; operative 11-14-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 46).