Cal. Code Regs. tit. 3 § 2322.2

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

Section 2322.2 - [Operative 10/1/2024] Hearing Schedule and Notification

(a) The Legal Office of Hearings and Appeals shall schedule an informal hearing within 30 days from the receipt of a written request from the respondent.

(b) Formal hearings shall be scheduled by the Department consistent with the provisions of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and any applicable regulations enacted pursuant to these provisions.

(c) The Legal Office of Hearing and Appeals shall determine, based upon the convenience of the Department and respondent, the location of the informal hearing or if it may be held virtually through Internet video conferencing. The Department shall provide a notice of the informal hearing to the respondent containing the following information:

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

(2) Departmental contact information including applicable telephone number;

(3) Subject matter of the adverse determination;

(4) An Internet link to video conferencing, if the informal hearing is to be held virtually; and

(5) Any other information or documentation relative to the adverse determination.

(d) The notice of hearing shall be sent to the address of the person charged, as provided by any license or registration issued by the Department.

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

Cal. Code Regs. Tit. 3, § 2322.2

Note: Authority cited: Section 407, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 11501, 11502 and 11503, Government Code.

1. New section filed 2-28-2012; operative 3-29-2012 (Register 2012, No. 9).
2. Amendment of subsection (a) and new subsections (d)-(e) filed 4-13-2020; operative 4/13/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 16).
3. Amendment of subsections (c) and (c)(2)-(3), new subsection (c)(4) and subsection renumbering filed 7-1-2024; operative 10/1/2024 (Register 2024, No. 27).