Section 21051.3 Of Article 1. Requirements, Generally From California Food And Agricultural Code >> Division 10. >> Chapter 6. >> Article 1.
21051.3
. (a) Any person who moves or transports any animal without
inspection, as required by this chapter, is liable to the director
for a civil penalty in the amount of the expenses incurred by the
director to investigate and prosecute the violation and, if the
violation involved the unlawful taking of animals, the expenses
incurred by the director to recover and return the animal or animals
to their owner.
(b) If the director finds that a violation of subdivision (a) has
occurred, he or she shall calculate the amount of the civil penalty
and make demand for payment within 30 days thereof. The respondent
may deny liability in whole or in part, in which case the director
shall set the matter for hearing before a hearing officer of the
department or, at the director's discretion, pursuant to Section
11502 of the Government Code. The hearing procedure under this
subdivision shall be conducted pursuant to Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
(c) The respondent may petition for judicial review of the
director's determination to assess a civil penalty pursuant to
Section 1094.5 of the Code of Civil Procedure by filing an action
within 30 days of the date of service of the director's decision.
(d) The civil penalty in this section is in addition to any other
civil or criminal penalties provided by law.
(e) Any funds collected pursuant to this section shall be paid
into the Department of Food and Agriculture Fund.