California Code of Regulations
Title 3 - Food and Agriculture
Division 2 - Animal Industry
Chapter 10 - Animal Confinement
Article 5 - Certification and Accredited Certifiers
Section 1326.21 - Noncompliance Procedure for Accredited Certifying Agents

Universal Citation: 3 CA Code of Regs 1326.21

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

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

(1) A description of each noncompliance;

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

(3) The date by which the certifying agent must rebut or correct each noncompliance and submit supporting documentation of each correction when correction is possible.
(A) This date will be determined by the Department based on the nature of the noncompliance and an estimated reasonable time for the certifying agent to come into compliance with the Act and this Chapter.

(b) Resolution. When the certifying agent demonstrates that each noncompliance has been resolved within the prescribed time period, the Department shall send the certifying agent 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 Department shall send a written notice of proposed suspension or revocation of accreditation to the certifying agent. When correction of a noncompliance is not possible, the notification of noncompliance and the notice of proposed suspension or revocation may be combined. The notice of proposed suspension or revocation of accreditation shall state:

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

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

(3) The effective date of the 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 accreditation including conditions for reinstatement; and

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

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

(d) Willful violations. Notwithstanding paragraph (a) of this section, if the Department has evidence that a certifying agent has willfully violated the Act or this Chapter, the Department shall send a written notice of proposed suspension or revocation of accreditation to the certifying agent.

(e) Suspension or revocation. When the accredited certifying agent fails to correct the issues of noncompliance as described in the proposed suspension or revocation, or fails to request a formal hearing of the proposed suspension or revocation of accreditation within 30 calendar days from the date the proposed suspension or revocation was issued, the Department shall send a written notice of suspension or revocation of accreditation to the certifying agent.

(f) Cessation of certification activities. A certifying agent whose accreditation is suspended or revoked must:

(1) Cease all certification activities under this Chapter in each area of accreditation and in each state for which its accreditation is suspended or revoked; and

(2) Transfer to the Department all records concerning its certification activities that were suspended or revoked.

(g) Eligibility.

(1) A certifying agent whose accreditation is suspended by the Department under this section may at any time, unless otherwise stated in the notice of suspension, submit a request to the Department for reinstatement of its accreditation. 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 certifying agent whose accreditation is revoked by the Department shall be ineligible to reapply to be accredited as a certifying agent under the Act and this Chapter for two (2) years following the date of such revocation.

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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