19033.1. (a) In lieu of any civil action brought pursuant to Section 19032 and in lieu of seeking prosecution pursuant to Section 19031, the secretary may levy an administrative penalty not to exceed five thousand dollars ($5,000) upon any person for each violation of this chapter.
(b) Before an administrative 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 that person shall have the right to request a hearing. The request shall be made within 20 days after the person receives notice of the proposed action. A notice of the proposed action, which shall be sent by certified mail to the last-known address of the person charged, shall be considered received even if delivery is refused or if the notice is not accepted at that address. At the hearing, the person shall be given an opportunity to review the department’s evidence and to present evidence on his or her own behalf.
(c) Any person upon whom an administrative penalty is levied may appeal to the secretary, within 20 days of the date of receiving notification of the penalty, as follows:
(1) The appeal shall be in writing and signed by the appellant or his or her authorized agent and shall state the grounds for the appeal.
(2) Any party, at the time of filing the appeal or within 10 days thereafter, may present written evidence and a written argument to the secretary.
(3) The secretary may grant oral arguments upon application made at the time written arguments are made.
(4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days prior to the date set therefor. This time requirement may be changed upon agreement between the secretary and the person appealing the penalty.
(5) The secretary shall decide the appeal based on any oral or written arguments, briefs, and evidence received.
(6) The secretary shall render a written decision within 45 days of the date of the appeal, or within 15 days of the date of oral arguments. A copy of the secretary’s decision shall be delivered or mailed to the appellant.
(7) The secretary may sustain the decision, modify the decision by reducing the amount of the penalty levied, or reverse the decision.
(8) A review of the secretary’s decision may be sought by the person against whom the penalty was levied pursuant to Section 1094.5 of the Code of Civil Procedure.
(d) After completion of the review procedure provided in this section, the secretary may file a certified copy of the department’s final decision that directs payment of an administrative 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 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 a judgment pursuant to this section.
(e) Any money that is received pursuant to this section shall be deposited in the Department of Food and Agriculture Fund.
(Amended by Stats. 2011, Ch. 133, Sec. 26. (AB 120) Effective July 26, 2011.)