§ 19305.5. — 19305.5. (Amended by Stats. 2014, Ch. 595, Sec. 4.)

California § 19305.5.

• Jurisdiction: California
• Code FAC: Food and Agricultural Code - FAC
• Div. 9.: DIVISION 9. ANIMALS GENERALLY
• Part 3.: PART 3. SLAUGHTERED ANIMALS
• Ch. 5.: CHAPTER 5. Horsemeat and Pet Food
• Art. 6.: ARTICLE 6. Renderers

Text

(a)
The department may suspend or revoke a renderer license or collection center license at any time, if it finds any of the following has occurred:
(1)
The licensee has sold or offered for sale to an unlicensed person, any inedible kitchen grease.
(2)
The licensee has stolen, misappropriated, contaminated, or damaged inedible kitchen grease or containers of inedible kitchen grease.
(3)
The licensee has violated any provision of this article or any regulations adopted to implement this article.
(4)
The licensee has taken possession of inedible kitchen grease from an unregistered transporter or has knowingly taken possession of inedible kitchen grease that has been stolen.
(b)
The licensee may appeal any suspension or revocation decision to the department within 20 days of the date of receiving notification of the suspension or revocation, pursuant to the following procedure:
(1)
The appeal shall be in writing and signed by the appellant or his or her authorized agent and shall state the grounds for the appeal.
(2)
A party, at the time of filing the appeal, or within 10 days after filing the appeal, may present written evidence and a written argument to the department.
(3)
The department may grant oral arguments upon application
made at the time written arguments are made.
(4)
If an application to present an oral argument is granted, the department shall give written notice of the time and place for the oral argument at least 10 days prior to the date set for an oral argument. This time requirement may be altered by an agreement between the department and the person appealing the suspension or revocation of the license.
(5)
The department shall decide the appeal on any oral or written arguments, briefs, and evidence that the department receives.
(6)
The department shall render a written decision within 45 days of the date of appeal, or within 15 days of the date of oral arguments. A copy of the department’s decision shall be delivered or mailed to the appellant.
(7)
The
department may sustain the suspension or revocation decision or reverse that decision.
(8)
The appellant may seek a review of the decision of the department pursuant to Section 1094.5 of the Code of Civil Procedure.

Legislative History

Amended by Stats. 2014, Ch. 595, Sec. 4. (AB 1566) Effective January 1, 2015.