California Code of Regulations
Title 3 - Food and Agriculture
Division 3 - Economics
Chapter 1 - Fruit and Vegetable Standardization
Subchapter 4 - Fresh Fruits, Nuts and Vegetables
Article 6.5 - Direct Marketing
Section 1392.10.1 - Appeal of a California Department of Food and Agriculture Notice of Proposed Action and Informal Hearing Process

(a) The secretary may, at any time, issue a written notice of proposed action which shall include the nature of the violation and if applicable the amount of the proposed penalty and/or length of the proposed suspension in accordance with Food and Agricultural Code section 47025(c).

(b) A notice of proposed action shall be sent by certified mail, or a mail delivery service that tracks the delivery, to the last known address on file with the Department, of the person charged. The notice shall be considered received even if delivery is refused or if the notice is not accepted at that address.

(c) The person charged may appeal a notice of proposed action, including an administrative civil penalty or suspension, for any violation, within 20 calendar days after receiving the notice of proposed action, by submitting a written request to the Legal Office of Hearings and Appeals of the California Department of Food and Agriculture, as provided in the notice of proposed action. Any objection to the California Department of Food and Agriculture's selection of the informal hearing procedure shall be made in writing to the Legal Office of Hearings and Appeals and shall be resolved by the Hearing Officer prior to the hearing, pursuant to Government Code section 11445.30.

(d) Failure to submit a timely request for a hearing constitutes a waiver of the appellant's right to contest the notice of proposed.

(e) At least 10 business days before the hearing, the California Department of Food and Agriculture shall provide a notice of the informal hearing to the appellant providing the date, location, and time of the informal hearing.

(f) A notice of informal hearing which is sent to the last known address, on file with the Department, of the appellant, shall be considered received even if delivery is refused or if the notice is not accepted at that address.

(g) Any documents to be considered by the hearing officer shall be received by the Legal Office of Hearings and Appeals at least 3 business days prior to the scheduled informal hearing. Any documents not timely submitted may be considered at the discretion of the hearing officer.

(h) Informal hearings shall be conducted as follows:

(i) The decision of the hearing officer shall be in writing, issued within 30 calendar days after the conclusion of the hearing, and shall be effective immediately.

(j) Review of the secretary's decision may be sought by the appellant within 30 calendar days of the date of the decision and order, pursuant to Section 1094.5 of the Code of Civil Procedure.

(k) In addition to the administrative civil penalties set forth in Food and Agricultural Code section 47025(b), or a suspension imposed pursuant to Food and Agricultural Code section 47025, the appellant may be required to cover the cost of the administrative hearing, unless the decision of the secretary or county agricultural commissioner is overturned.