Section 12999.4 Of Article 12. Penalties And Injunctive Relief From California Food And Agricultural Code >> Division 7. >> Chapter 2. >> Article 12.
12999.4
. (a) In lieu of civil prosecution by the director, the
director may levy a civil penalty against a person violating Sections
12115, 12116, 12671, 12992, 12993, Chapter 10 (commencing with
Section 12400) of Division 6, Article 4.5 (commencing with Section
12841), Section 13186.5, Chapter 7.5 (commencing with Section 15300),
or the regulations adopted pursuant to those provisions, of not more
than five thousand dollars ($5,000) for each violation.
(b) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action,
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action. A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address. If
a hearing is requested, notice of the time and place of the hearing
shall be given at least 10 days before the date set for the hearing.
Before the hearing, the person shall be given an opportunity to
review the director's evidence. At the hearing, the person shall be
given the opportunity to present evidence on his or her own behalf.
If a hearing is not timely requested, the director may take the
action proposed without a hearing.
(c) If the person against whom the director levied a civil penalty
requested and appeared at a hearing, the person may seek review of
the director's decision within 30 days of the date of the decision
pursuant to Section 1094.5 of the Code of Civil Procedure.
(d) After the exhaustion of the review procedure provided in this
section, the director, or his or her representative, may file a
certified copy of a final decision of the director that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for a writ of administrative mandamus, with the clerk of
the superior court of any county. Judgment shall be entered
immediately by the clerk in conformity with the decision or order. No
fees shall be charged by the clerk of the superior court for the
performance of any official service required in connection with the
entry of judgment pursuant to this section.
(e) Any money recovered under this section shall be paid into the
Department of Pesticide Regulation Fund for use by the department,
upon appropriation, in administering this division and Division 6
(commencing with Section 11401).