Section 6442 - Permit ReviewSection 14009 of the Food and Agricultural Code provides for a review by the director of the action of an agricultural commissioner in issuing, refusing, revoking, suspending, or conditioning a restricted materials permit. This section states the standards and procedures applicable to such review by the director.
(a) Registration of a restricted material is not in itself a right to use the pesticide, but rather a department determination that under appropriate local conditions the commissioner can grant a use permit for the material.(b) The decision of an agricultural commissioner in issuing, conditioning, refusing, revoking, or suspending a restricted materials permit will be reversed by the director only for a clear abuse of discretion by the commissioner in applying the applicable restricted materials provisions of the Food and Agricultural Code (beginning with section 14001) and regulations in Title 3, California Code of Regulations (beginning with section 6400). The burden of establishing abuse of discretion is on the person requesting the review.(c) The director's review is limited to the particular permit involved.(d) The person requesting the review of the issuance of a permit may request that the director stay the operation of the permit for a limited time or until the matter is finally decided. Whether the stay will be granted or refused will be determined by the director as soon as practicable based on the reasons stated for the stay in the request for review and supporting documents, any counter documents or arguments which are timely submitted to the director by the commissioner or permittee, and the director's own preliminary analysis of whether a stay is necessary to avoid a significant health hazard or significant crop, environmental, or property damage.Cal. Code Regs. Tit. 3, § 6442
1. Editorial renumbering and amendment of former Section 2463 to Section 6442 filed 8-13-85 (Register 85, No. 33).
2. Amendment of section and NOTE filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42). Note: Authority cited: Section 11456, Food and Agricultural Code. Reference: Section 14009, Food and Agricultural Code.
1. Editorial renumbering and amendment of former Section 2463 to Section 6442 filed 8-13-85 (Register 85, No. 33).
2. Amendment of section and Note filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42).