(a) The department may refuse to issue a license if the department finds that the applicant does not meet one or more of the following requirements:
(1) The applicant is properly equipped to engage in the business of rendering or operating a collection center. For these purposes, the department shall consult with the rendering industry to determine the equipment that shall be required.
(2) The applicant has never been convicted of a felony involving adulterated or misbranded food.
(3) The applicant has not violated this article or Article 6.5 (commencing with Section 19310), or any regulations adopted to implement those provisions.
(b) A person to whom the department refuses to issue a license may appeal to the department within 20 days of the date of receiving notification of the refusal, in the following manner:
(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) A party, at the time of filing the appeal, or within 10 days after filing the appeal, may present written evidence and a written argument to the department.
(3) The department 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, the department shall give written notice of the time and place for the oral argument at least 10 days prior to the date set for the oral argument. This time requirement may be altered by an agreement between the department and the person appealing the refusal to issue the license.
(5) The department shall decide the appeal on any oral or written arguments, briefs, and evidence that the department receives.
(6) The department shall render a written decision within 45 days of the date of appeal, or within 15 days of the date of oral arguments. A copy of the department’s decision shall be delivered or mailed to the appellant.
(7) The department may sustain the decision to refuse to issue a license or reverse that decision.
(8) The appellant may seek a review of the decision of the department pursuant to Section 1094.5 of the Code of Civil Procedure.
(Amended by Stats. 2014, Ch. 595, Sec. 2. (AB 1566) Effective January 1, 2015.)
Last modified: October 25, 2018