California Food and Agricultural Code

§ 5311

FAC § 5311 Effective Jan 1, 1996Div. 4 · Part 1 · Ch. 5 · Art. 1

Statute text

(a)In lieu of any civil action pursuant to Section 5310, except as provided in Article 5 (commencing with Section 5781) of Chapter 8, the secretary or the commissioner may levy a civil penalty against a person violating this division or any regulation adopted pursuant to this division in an amount not to exceed two thousand five hundred dollars ($2,500) for each violation.

(b)Before a civil penalty is levied, the person charged with the violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard. This shall include the right to review the evidence and a right to present evidence on his or her own behalf.

(c)A review of the decision of the secretary to impose a penalty may be sought by the person against whom the penalty was levied within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.

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Legislative history

Amended by Stats. 1995, Ch. 157, Sec. 2. Effective January 1, 1996.