Cal. Code Regs. Tit. 3, § 1301.3 - Hearing Procedures
(a) If
an appeal is received pursuant to the conditions set forth in section
1301.2, the hearing shall be held
within 48 hours of receipt of the appeal.
(b) Hearings shall be presided over and
conducted by a Hearing Officer designated by the State Veterinarian.
(c) The standard of proof to be applied by
the Hearing Officer shall be the preponderance of the evidence.
(d) The burden of proof shall be on the
owner.
(e) The only issue before
the Hearing Officer shall be whether, when the State Veterinarian imposed the
Quarantine, there was reason to believe, upon any basis reasonably supportable
by standard epidemiological practice or credible scientific research, that a
population of domestic animals or food product from animals had contracted, may
carry, or is at risk from a condition that, without intervention, could
transmit an illness that could kill or seriously damage other animals or
humans, including, in addition to the original condition, those clinically
plausible secondary illnesses, infections, pathogens, contagions, toxins, or
conditions arising from the effects of the original. The appropriateness of the
action(s) (including its time and place and method) required by the Notice is
not before the Hearing Officer, but only whether or not there was an adequate
basis for imposition of the Quarantine.
(f) Hearings may be conducted by telephone,
at the discretion of the Hearing Officer.
(g) The decision of the Hearing Officer shall
be in writing. The decision shall be in minute order form, containing only a
brief statement of the conclusion and findings to support the conclusion. It
may be handwritten.
(h) The
decision shall be issued within 24 hours after the conclusion of the hearing
and may be issued orally at the conclusion of the hearing subject to written
confirmation.
(i) The written
decision shall be served on the owner either by personal service or, if
available, by facsimile transmission.
(j) The Hearing Officer's decision shall be
effective immediately upon first articulation under either subsection (g) or
(h) above and shall be final and not appealable to the Secretary or any other
officer of the Department.
(k) The
owner may challenge the Hearing Officer's decision by filing a writ of
administrative mandamus in the appropriate court pursuant to Code of Civil
Procedure section
1094.5.
(l) Hearings shall be recorded by audio
tape.
Notes
2. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 43).
3. New section filed 10-24-2001 as an emergency; operative 10-24-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-21-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-24-2001 order transmitted to OAL 10-23-2001 and filed 12-5-2001 (Register 2001, No. 49).
Note: Authority cited: Sections 407, 9562 and 9570, Food and Agricultural Code. Reference: Sections 9561, 10324, 10493, 10781, 10921 and 32767, Food and Agricultural Code; and Sections 11425.50 and 11445.10, Government Code.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2001, No. 43).
3. New section filed 10-24-2001 as an emergency; operative 10-24-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-21-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-24-2001 order transmitted to OAL 10-23-2001 and filed 12-5-2001 (Register 2001, No. 49).
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