Section 3917 - Investigation ProceduresUpon review and acceptance of a complaint, the Secretary shall initiate an investigation of the complaint.
(a) Within seven (7) calendar days, the Secretary shall appoint an investigational committee whose purpose is to assist the Secretary in conducting the investigation, make recommendations, offer opinions, and file an investigational report with the Secretary. Each investigational committee shall be composed of four disinterested members as follows: one member shall be the Secretary's designee, who shall serve as chairperson of all investigational committees and who shall make and maintain the file of each committee's investigations and opinions; one member, plus an alternate, shall be a County Agricultural Commissioner in whose county there is production of the kind of crop under consideration; one member, plus an alternate, shall be engaged primarily in the production and/or sale of the kind of seed cited in the complaint; and one member, plus an alternate, shall be a user of such seed. (1) Members of each investigational committee shall serve until dismissed by the Secretary or until the report of investigation is filed with the Secretary, whichever occurs first. Alternates shall serve only in the absence of their respective members.(2) Committee members shall receive no compensation for the performance of their duties but may receive per diem and mileage as authorized by law.(3) Each committee may be called into session by the chairperson to consider matters referred to it. The chairperson shall conduct all meetings and deliberations held by the committee.(b) The Secretary shall make a full and complete investigation of the matters complained of, including, but not limited to, an inspection of the crop in the field. The investigation shall be completed within sixty (60) days of the receipt of the complaint unless the investigation requires a growout or other procedure which cannot be completed within that time; in such case, the Secretary shall notify the complainant and respondent in writing stating the reasons for the extension.(c) In conducting the investigation, the Secretary may: (1) require the parties to provide pertinent records;(2) require testimony under oath or statements under penalty of perjury;(3) cause to be tested or grown to production a representative sample of seed under the supervision of the Secretary;(4) obtain assistance from qualified experts; and(5) investigate any other matters relative to the complaint.(d) The chairperson shall file with the Secretary the committee's written report of investigation along with the investigation file within thirty (30) days after the conclusion of the investigation of the complaint. The Secretary shall transmit the report by certified mail to the complainant and to the respondent. The file, including the report of investigation, shall be maintained by the Secretary for a period of five (5) years.Cal. Code Regs. Tit. 3, § 3917
1. Editorial correction adding NOTE filed 4-27-83 (Register 83, No. 18).
2. Repealer and new section filed 1-17-96; operative 2-16-96 (Register 96, No. 3). Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code.
1. Editorial correction adding NOTE filed 4-27-83 (Register 83, No. 18).
2. Repealer and new section filed 1-17-96; operative 2-16-96 (Register 96, No. 3).