Statutes, codes, and regulations
California Code Of Regulations
Title 3 - Food and AgricultureDivision 4 - Plant IndustryChapter 2 - Field CropsSubchapter 5 - Rice Identity Preservation
Article 3 - Informal Hearing Procedures
Section 2856 - Conduct of Informal Hearing

Cal. Code Regs. tit. 3 § 2856

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Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 2856 - Conduct of Informal Hearing
(a) Informal hearings shall be conducted as follows:
(1) The Commission shall designate a person who will preside as the hearing officer.
(2) The standard of proof to be applied by the hearing officer shall be the preponderance of the evidence. The burden of proof shall be on the respondent.
(3) Informal hearings may be conducted in person or by telephone at the discretion of the hearing officer.
(4) The decision of the hearing officer shall be in writing, with a statement of findings and the conclusion, and shall be issued within 14 days of the completion of the informal hearing.
(5) The decision shall be served on the respondent either by personal service or by electronic transmission upon issuance of decision.
(6) The decision shall be effective immediately and shall be final unless appealed pursuant to Section 71131 of the Food and Agricultural Code.
(7) The Commission shall provide a copy of the decision to any interested party upon written request.

Cal. Code Regs. Tit. 3, § 2856

1. New section filed 1-27-2004; operative 1-27-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 5).
2. Amendment of subsections (a)(5)-(6) filed 3-13-2017 as an emergency; operative 3-13-2017 (Register 2017, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-11-2017 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 3-13-2017 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 43).
4. Amendment of subsections (a)(5)-(6) refiled 11-7-2017 as an emergency; operative 11-7-2017 (Register 2017, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-5-2018 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-7-2017 order transmitted to OAL 12-12-2017 and filed 1-25-2018 (Register 2018, No. 4).

Note: Authority cited: Sections 407 and 55022, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Section 71131, Food and Agricultural Code; and Sections 11425.50 and 11440.30, Government Code.

1. New section filed 1-27-2004; operative 1-27-2004 pursuant to Government Code section 11343.4(Register 2004, No. 5).
2. Amendment of subsections (a)(5)-(6) filed 3-13-2017 as an emergency; operative 3-13-2017 (Register 2017, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-11-2017 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to 3-13-2017 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 43).
4. Amendment of subsections (a)(5)-(6) refiled 11-7-2017 as an emergency; operative 11-7-2017 (Register 2017, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-5-2018 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-7-2017 order transmitted to OAL 12-12-2017 and filed 1-25-2018 (Register 2018, No. 4).