California Code of Regulations
Title 3 - Food and Agriculture
Division 1 - Administration
Chapter 4 - Permit Reform Act
Article 1 - Department of Food and Agriculture-Permit Reform Act
Section 301 - Appeal Procedure
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The following information shall be included on application forms for all Department permits subject to Government Code Sections 15374- 15378:
"The Department of Food and Agriculture has established time periods for the processing of permit applications, in compliance with Government Code Sections 15374- 15378. Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. Box 942871, Sacramento, CA 94271-0001, pursuant to regulations set forth in Title 3, California Code of Regulations, Section 301. Under certain circumstances, the Director may order that the applicant receive a reimbursement of filing fees."
(b) An applicant whose application for a permit has not been processed by the Department within the time periods established by Section 300 may appeal in writing to the Director of the Department of Food and Agriculture. The appeal shall set forth a concise statement of facts and chronology of events regarding the application. An appeal concerning a permit application on which a final decision has been made must be filed within 30 days of the date the applicant was notified of the decision.
(c) The Director shall promptly review an appeal filed under this section and shall issue a decision within 30 days after conducting any investigation of the matter which the Director deems appropriate.
(d) If the Director finds that a program exceeded the time limit for informing the permit applicant that an application is complete or is deficient and requires additional information to be processed, the Director shall direct the program to make its determination by a specified date and so inform the applicant.
(e) The time period within which the Department must make a decision to issue or deny the permit commences with the date the complete application is received. If the Director finds that the Department exceeded the time period for acting on a completed application without the good cause defined by Government Code Section 15376(h), all filing fees paid by the permit applicant will be refunded.
1. New
section filed 11-28-89; operative 1-1-90 (Register 89, No. 49).
2.
Change without regulatory effect amending NOTE filed 1-21-2015 pursuant to
section 100, title 1, California Code of
Regulations (Register 2015, No. 4).
Note: Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 5302, 6305, 6721, 9210, 10981, 14281, 14321, 14591, 14601, 15051, 16153, 18990, 19000, 19010, 19240, 19260, 19300, 19300.5, 19310, 19320, 24741, 24742, 25051, 25052, 33112, 33112.1, 33227, 33704, 35011, 35167, 52351 and 52903, Food and Agricultural Code.
