Section 1310.3 - Conduct of Informal Hearings(a) The informal hearing shall be presided over and conducted by a Hearing Officer designated by the Secretary.(b) The standard of proof to be applied by the Hearing Officer shall be preponderance of the evidence unless statutes or regulations applicable to the determination provide a higher standard.(c) A teleconference line shall be made available at every hearing.(d) Hearings shall be recorded by the Department. A transcript of the recording or an electronic copy of the recording shall be provided to any interested party upon written request.(e) The decision of the Hearing Officer shall be in writing, issued within 30 days after the conclusion of the hearing, and shall be effective immediately upon issuance.(f) The decision shall be served on the respondent by the U.S. Mail or, if available, by electronic mail.(g) The respondent may appeal the hearing officer's decision and order by filing a petition for a writ of administrative mandamus in accordance with the Code of Civil Procedure section 1094.5.Cal. Code Regs. Tit. 3, § 1310.3
1. New section filed 5-5-2003 as an emergency; operative 5-5-2003 (Register 2003, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-5-2003 order transmitted to OAL 7-16-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment of section heading, section and NOTE filed 11-20-2020; operative 1-1-2021 (Register 2020, No. 47). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20. Note: Authority cited: Section 407, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 11445.40, 11445.50 and 11445.60, Government Code.
1. New section filed 5-5-2003 as an emergency; operative 5-5-2003 (Register 2003, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-2-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-5-2003 order transmitted to OAL 7-16-2003 and filed 8-26-2003 (Register 2003, No. 35).
3. Amendment of section heading, section and Note filed 11-20-2020; operative 1/1/2021 (Register 2020, No. 47). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.