Section 14009 Of Article 1. Generally From California Food And Agricultural Code >> Division 7. >> Chapter 3. >> Article 1.
14009
. (a) Any interested person may request the commissioner to
review his or her action in issuing, refusing, revoking, suspending,
or conditioning a permit to use or possess a restricted material. The
commissioner shall review the request and issue a written decision
in response to the request to review within 10 days of receipt of the
request, or as soon as practicable. The commissioner may affirm,
modify, or cancel the permit action reviewed. A directly affected
person may thereafter appeal to the director to review the
commissioner's action.
(b) The commissioner and director shall conduct each review in an
expeditious manner so that needed pest control measures are not
adversely affected.
(c) Each request for review shall be submitted in writing to the
commissioner by the person requesting the review and shall include
all of the following:
(1) The location of persons, property, or areas that would be
affected and the location of property to be treated.
(2) The name of the restricted material involved.
(3) The name and address of the person in charge of the property
to be treated, if different from the person filing the request for
review.
(4) Any other information that the person filing the request for
review or the commissioner determines to be relevant.
(d) In an appeal of a commissioner's action to the director, the
issues are limited to any of the following:
(1) Whether the proposed permit use is consistent with applicable
pesticide label restrictions and applicable regulations.
(2) Whether the commissioner properly considered the provisions of
Section 14006.5.
(3) Whether the commissioner abused his or her discretion in
issuing, refusing, revoking, or conditioning the permit.
(e) The director shall act on these appeals within 10 days of
receipt thereof or as soon thereafter as is practicable. The director
may stay the operation of a permit until his or her review is
complete.
(f) (1) Prior to conducting a public review, the director shall
notify directly affected persons at least 72 hours in advance of the
location and time of the public review.
(2) Before acting on an appeal, the director shall, in a specified
location open to the public, review the information provided to him
or her as specified in this section if requested to do so in writing
by any interested person.
(3) The director may request additional testimony or other
evidence specified in this section at the public review from
interested persons.
(g) Judicial review of any decision by the director pursuant to
this section shall be pursuant to Section 1094.5 of the Code of Civil
Procedure. Review shall be limited to whether the proposed permit
use is consistent with applicable pesticide label restrictions and
regulations and whether the director abused his or her discretion.