California Code of Regulations
Title 3 - Food and Agriculture
Division 2 - Animal Industry
Chapter 7 - Restricted Animals
Article 3 - Quarantine
Section 1301.3 - Hearing Procedures
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) If an appeal is received pursuant to the conditions set forth in section 1301.2, the hearing shall be held within 48 hours of receipt of the appeal.
(b) Hearings shall be presided over and conducted by a Hearing Officer designated by the State Veterinarian.
(c) The standard of proof to be applied by the Hearing Officer shall be the preponderance of the evidence.
(d) The burden of proof shall be on the owner.
(e) The only issue before the Hearing Officer shall be whether, when the State Veterinarian imposed the Quarantine, there was reason to believe, upon any basis reasonably supportable by standard epidemiological practice or credible scientific research, that a population of domestic animals or food product from animals had contracted, may carry, or is at risk from a condition that, without intervention, could transmit an illness that could kill or seriously damage other animals or humans, including, in addition to the original condition, those clinically plausible secondary illnesses, infections, pathogens, contagions, toxins, or conditions arising from the effects of the original. The appropriateness of the action(s) (including its time and place and method) required by the Notice is not before the Hearing Officer, but only whether or not there was an adequate basis for imposition of the Quarantine.
(f) Hearings may be conducted by telephone, at the discretion of the Hearing Officer.
(g) The decision of the Hearing Officer shall be in writing. The decision shall be in minute order form, containing only a brief statement of the conclusion and findings to support the conclusion. It may be handwritten.
(h) The decision shall be issued within 24 hours after the conclusion of the hearing and may be issued orally at the conclusion of the hearing subject to written confirmation.
(i) The written decision shall be served on the owner either by personal service or, if available, by facsimile transmission.
(j) The Hearing Officer's decision shall be effective immediately upon first articulation under either subsection (g) or (h) above and shall be final and not appealable to the Secretary or any other officer of the Department.
(k) The owner may challenge the Hearing Officer's decision by filing a writ of administrative mandamus in the appropriate court pursuant to Code of Civil Procedure section 1094.5.
(l) Hearings shall be recorded by audio tape.
1. New
section filed 6-15-2001 as an emergency; operative 6-15-2001 (Register 2001,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-2001
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section
11346.1(g)
(Register 2001, No. 43).
3. New section filed 10-24-2001 as an
emergency; operative 10-24-2001 (Register 2001, No. 43). A Certificate of
Compliance must be transmitted to OAL by 2-21-2002 or emergency language will
be repealed by operation of law on the following day.
4. Certificate
of Compliance as to 10-24-2001 order transmitted to OAL 10-23-2001 and filed
12-5-2001 (Register 2001, No. 49).
Note: Authority cited: Sections 407, 9562 and 9570, Food and Agricultural Code. Reference: Sections 9561, 10324, 10493, 10781, 10921 and 32767, Food and Agricultural Code; and Sections 11425.50 and 11445.10, Government Code.
