California Code of Regulations
Title 3 - Food and Agriculture
Division 2 - Animal Industry
Chapter 10 - Animal Confinement
Article 5 - Certification and Accredited Certifiers
Section 1326.20 - Noncompliance Procedure for Certified Operations

Universal Citation: 3 CA Code of Regs 1326.20

Current through Register 2024 Notice Reg. No. 28, July 12, 2024

(a) Notification. When an inspection, review, or investigation of a certified operation by a certifying agent reveals any noncompliance with the Act or regulations in this Chapter, a written notification of noncompliance shall be sent by the certifying agent to the certified operation. Such notification shall provide:

(1) The date issued;

(2) A description of each noncompliance;

(3) The facts upon which the notification of noncompliance is based; and

(4) The date by which the certified operation must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible.

(b) Resolution. When a certified operation demonstrates that each noncompliance has been resolved within the prescribed time period, the certifying agent shall send the certified operation a written notification of noncompliance resolution.

(c) Proposed suspension or revocation. When rebuttal is unsuccessful or correction of the noncompliance is not completed within the prescribed time period, the certifying agent shall send the certified operation a written notice of proposed suspension or revocation of certification of the entire operation or a portion of the operation, as applicable to the noncompliance. When correction of a noncompliance is not possible, the notification of noncompliance and the notice of proposed suspension or revocation of certification may be combined. The notice of proposed suspension or revocation of certification shall state:

(1) The date the proposed suspension or revocation was issued;

(2) The reasons for the proposed suspension or revocation;

(3) The effective date of proposed suspension or revocation;
(A) The number of days from date of the notice of proposed suspension or revocation and effective date of suspension or revocation is 30 calendar days;

(4) The impact of a suspension or revocation on future eligibility for certification including conditions for reinstatement; and

(5) The right to request mediation pursuant to section 1327.3 of this Chapter or to request a formal hearing pursuant to section 1327.2 of this Chapter within 30 calendar days of the date the proposed suspension or revocation was issued.

(6) The certifying agent and the Department shall not issue a notice of suspension or revocation while the outcome from mediation or a formal hearing is pending.

(d) Willful violations. Notwithstanding (a) of this section, if a certifying agent has evidence that a certified operation has willfully violated the Act or this Chapter, the certifying agent shall send the certified operation a notice of proposed suspension or revocation of certification of the entire operation or a portion of the operation, as applicable to the noncompliance.

(e) Suspension or revocation.

(1) If the certified operation fails to correct the noncompliance according to the prescribed time period, to resolve the issue through rebuttal or mediation, or to request a formal hearing of the proposed suspension or revocation of certification before the suspension or revocation goes into effect, the certifying agent shall send the certified operation a written notice of suspension or revocation.

(2) A certifying agent must not send a notice of suspension or revocation to a certified operation that has requested mediation pursuant to section 1327.3 of this Chapter or a formal hearing pursuant to section 1327.2 of this Chapter, while final resolution of either is pending.

(f) Eligibility.

(1) A certified operation whose certification has been suspended under section 1326.20 of this Article may at any time, unless otherwise stated in the notice of suspension, submit a request to the Department for reinstatement of its certification. The request must be accompanied by evidence demonstrating correction of each noncompliance and corrective actions taken to comply with and remain in compliance with the Act and this Chapter.

(2) A certified operation or a person responsibly connected with an operation whose certification has been revoked under section 1326.20 of this Article will be ineligible to receive certification for a period of two (2) years following the date of such revocation.

(g) Notwithstanding (a) through (e) of this section, if the certifying agent is a government entity other than the Department, the noncompliance procedures for certified operations established under the authority of that government entity may be followed in lieu of sections 1326.20(a) through (e) of this Article.

1. New section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). 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-71-20.

Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 25991, Health and Safety Code.

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