California Legal Codes and Statutes

Article 7 - Actions and Penalties

California Food and Agricultural Code — §§ 65081-65087

Sections (7)

§ 65081

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

Any person who fails to pay, collect, or remit any fees due within the time specified in this chapter shall be liable for administrative costs incurred by the department in enforcing this chapter.

§ 65082

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The secretary may pursue an action to hold a person civilly liable in an amount not to exceed one hundred dollars ($100) for each head of cattle or calves that is sold by any person who fails to pay, collect, or remit any fees due within the time specified in this chapter. The person also shall be liable for the total amount of fees due and the costs of a civil suit, including attorney’s fees.

§ 65083

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The secretary may request that the Attorney General file an action in an appropriate court to collect any unpaid fees, civil penalties, or other costs incurred by the department in pursuit of a violation.

§ 65084

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The secretary may request that the Attorney General petition an appropriate court for the issuance of an injunction, restraining any person in violation of any requirement specified in this chapter, or regulation adopted pursuant to this chapter, from continuing the violation. The court also may require the performance of any obligation imposed under this chapter or any regulations adopted pursuant to this chapter.

§ 65085

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

Any action by the secretary for any penalty or other remedy that is prescribed under this chapter shall be commenced within three years from the date of discovery of the alleged violation. Any action against the council by any person shall be commenced within three years from the date of the alleged violation.

§ 65086

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

(a)Any person subject to this chapter may contest a determination of delinquent assessments, or other violation of this chapter, and request an informal hearing as outlined in this section.
(b)A request for an informal hearing shall be submitted in writing to the department.
(c)A request for an informal hearing shall be submitted within 30 days from the receipt of the department’s adverse determination. The failure to present a timely request for an informal hearing constitutes a waiver of the respondent’s right to contest the adverse determination. The department shall deny an untimely request for a hearing.
(d)Upon receipt of a timely request for an informal hearing, the department shall provide a notice of the hearing to the respondent that contains all of the following information:
(1)Date, location, and time of the hearing.
(2)The department’s contact information, including, but not limited to, applicable telephone and facsimile numbers.
(3)Subject matter of the adverse determination.
(4)Any other information or documentation relative to the adverse determination.
(e)The department shall designate a hearing officer to preside over and conduct the informal hearing. A hearing officer may conduct a hearing by telephone, at the hearing officer’s discretion.
(f)(1) The standard of proof to be applied by the hearing officer shall be a preponderance of the evidence, unless statutes or regulations applicable to the determination provide a higher standard.
(2)The hearing officer shall issue a written decision with a brief statement of the conclusion and findings to support the conclusion within 14 days after the conclusion of the hearing. The hearing officer may issue the decision orally at the conclusion of the hearing, subject to written confirmation.
(3)The written decision of the hearing officer shall be served on the respondent either by overnight mail or by facsimile transmission.
(g)The written decision of the hearing officer shall be effective immediately upon receipt and shall be

final.

(h)The respondent may appeal the hearing officer’s decision in accordance with Section 1094.5 of the Code of Civil Procedure.
§ 65087

Added by Stats. 2018, Ch. 410, Sec. 2. (SB 965) Effective January 1, 2019. Provisions operative or inoperative as prescribed in Sections 65061, 65066, 65068, and 65069. Repealed conditionally pursuant to Section 65066.

The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection with this chapter, release or extinguish any violation of this chapter, or affect or impair any right or remedies of the secretary with respect to any violation.