Section 1391.5 - Appeal of Denial, Suspension or Revocation of Organic Certification(a) A certification agent or the Secretary may propose denial, suspension or revocation of the organic certification of agricultural production and handling operations consistent with the provisions of Title 7, Code of Federal Regulations, Section 205.662.(b) An applicant for certification may appeal a certification agent's or Secretary's notice of denial of certification, and a certified operation may appeal a certification agent's or Secretary's notification of the proposed suspension or revocation, to the Secretary consistent with the provisions of Title 7, Code of Federal Regulations, Section 205.681.(c) Upon receipt of the appeal, the Secretary will evaluate the proposal of the certification agent or Secretary to deny, suspend or revoke a certification in order to determine if there is sufficient evidence to proceed to initiate formal administrative action to do so. (1) A decision by the Secretary to decline to initiate a formal administrative proceeding shall be deemed a granting of the appeal, and the Secretary shall communicate the decision in writing to the appellant and the certification agent.(2) A decision by the Secretary to proceed to initiate a formal administrative proceeding shall be deemed a denial of the appeal, and the service of the accusation shall be construed as the communication of the denial to the appellant and the certification agent.(d) Formal administrative proceedings shall be conducted in accordance with the provisions of Government Code, Section 11500 et seq.Cal. Code Regs. Tit. 3, § 1391.5
1. Renumbering of former section 1391 to new section 1391.5 filed 10-6-2010; operative 11-5-2010 (Register 2010, No. 41). Note: Authority cited: Sections 407, 46000, 46001 and 46002, Food and Agricultural Code. Reference: Sections 401 and 46016.5, Food and Agricultural Code.
1. Renumbering of former section 1391 to new section 1391.5 filed 10-6-2010; operative 11-5-2010 (Register 2010, No. 41).