§ 112265. — 112265. (Added by Stats. 1995, Ch. 415, Sec. 6.)

California § 112265.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 104.: DIVISION 104. ENVIRONMENTAL HEALTH
• Part 6.: PART 6. WHOLESALE FOOD
• Ch. 5.: CHAPTER 5. Sanitary Control of Shellfish
• Art. 5.: ARTICLE 5. Proceedings

Text

(a)
Except to the extent otherwise provided in Section 112160 and subdivision (e) of Section 112180, or when a violation is asserted pursuant to Section 112240, when the department asserts a violation of this chapter, all affected persons shall be afforded an opportunity for an administrative hearing after 20 days notice.
(b)
The notice shall include all of the following:
(1)
A statement of the time,
place, and nature of the hearing.
(2)
A statement of the legal authority and jurisdiction under which the hearing is to be held.
(3)
A reference to the particular sections of the statutes, regulations, and rules involved.
(4)
A short and plain statement of the matters asserted.
(c)
Opportunity shall be afforded all persons to respond and present evidence on the issues involved.
(d)
Hearings authorized or required by this chapter shall be conducted by the department or any agent as the department may designate for that purpose.
(e)
Oral proceedings or any part thereof shall be transcribed at the request of any
person. The person requesting the transcription shall bear the cost of the transcript.
(f)
Final decisions or orders adverse to any person shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, that shall be separately stated. Persons shall be notified either personally or by mail of any decision or order.

Legislative History

Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.