California Code of Regulations
Title 3 - Food and Agriculture
Division 2 - Animal Industry
Chapter 9 - Informal Hearings
Article 1 - Informal Hearing Requirements
Section 1310.2 - Informal Hearing Schedule and Notification

Universal Citation: 3 CA Code of Regs 1310.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Department shall schedule an informal hearing within 30 days from the receipt of the request from the respondent.

(b) At least 10 business days prior to the informal hearing, the Department shall provide a notice of the informal hearing to the respondent containing all of the following information:

(1) Date, location, and time of the informal hearing;

(2) Departmental contact information including applicable telephone and facsimile numbers; and

(3) Subject matter of the adverse determination.

(c) The notice of an informal hearing shall be sent to the address of the person charged as provided by any application, license, registration, certification, or permit on record with the Department or as provided by a driver's license record obtained from the Department of Motor Vehicles.

(d) A notice that is sent pursuant to subsection (c) shall be considered effective even if delivery is refused or if the notice is not accepted at that address.

(e) Any documents to be considered by the Hearing Officer shall be received by the Legal Office of Hearings and Appeals at least three business days prior to the scheduled informal hearing. Any documents not timely submitted may be considered at the discretion of the Hearing Officer.

1. New section filed 5-5-2003 as an emergency; operative 5-5-2003 (Register 2003, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-5-2003 order transmitted to OAL 7-16-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment of section heading, section and NOTE filed 11-20-2020; operative 1-1-2021 (Register 2020, No. 47). 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-66-20.

Note: Authority cited: Section 407, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 11445.10, 11445.20 and 11445.30, Government Code.

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