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 1392.10.2 - Appeal of a County Agricultural Commissioner's Decision

(a) A person, upon whom the county agricultural commissioner imposed an administrative civil penalty or suspension, who requested and appeared at a hearing, may appeal the county agricultural commissioner's decision to the secretary by submitting a written appeal request within 30 calendar days of the date of receiving a copy of the county agricultural commissioner's decision to the Legal Office of Hearings and Appeals of the California Department of Food and Agriculture, 1220 N Street, Suite 315, Sacramento, California 95814.

(b) The appellant shall file a copy of the appeal with the county agricultural commissioner at the same time it is filed with the secretary.

(c) The appeal request shall:

(d) Both the appellant and the county agricultural commissioner, at the time of filing the appeal or within 10 calendar days thereafter, may submit the record of the hearing and a written argument to the secretary stating the ground for affirming, modifying, or reversing the county agricultural commissioner's decision. All documents must be submitted to the Legal Office of Hearings and Appeals of the California Department of Food and Agriculture, 1220 N Street, Suite 315, Sacramento, California 95814.

(e) The appellant or the county agricultural commissioner, or both, may request oral argument and such request must be made at the time written arguments are filed as set forth above.

(f) The secretary may grant or deny oral arguments upon application made at the time written arguments are filed.

(g) If an application to present an oral argument is granted, the California Department of Food and Agriculture shall provide written notice of the time and place for the oral argument and shall be given at least 10 calendar days before the date set. The times of oral argument may be altered by agreement of the parties.

(h) If an application to present an oral argument is denied, the California Department of Food and Agriculture shall provide written notice of the denial and state the reasons why it was denied.

(i) A notice of oral argument, 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.

(j) The secretary shall:

(k) 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.

(l) In addition to administrative civil penalties or a suspension imposed, 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.