Each commissioner is an enforcing officer of all laws and regulations which relate to the prevention of the introduction into, or the spread within, the state of pests. He is, as to such activities, under the supervision of the director.
GenerallyCounty Administration
Section § 5101
This law states that each commissioner is responsible for enforcing laws and rules to prevent pests from entering or spreading in the state. The commissioner operates under the supervision of the director for these tasks.
commissioner role pest prevention pest introduction
Section § 5102
This law states that commissioners and their qualified representatives act as state plant quarantine officers. They have two main duties: First, they certify the condition or treatment regarding pests for shipments if such certification is officially needed for moving or entering goods. Second, they are responsible for enforcing laws and rules related to plant quarantine.
Each commissioner and each qualified representative of the commissioner is a state plant quarantine officer for the following purposes:
(a)CA Food And Agriculture Code § 5102(a) Certifying to the pest condition or pest treatment of shipments, if certification as a condition of movement or entry is officially required.
(b)CA Food And Agriculture Code § 5102(b) Enforcing laws and regulations which relate to plant quarantine.
plant quarantine state plant quarantine officer certifying pest condition
Section § 5103
If you are affected by a commissioner's action or order and feel wronged, you have five days to file a written appeal to the director, unless another time limit is stated. However, you cannot appeal if the action taken by the commissioner is a summary action, which is a decision made quickly without a full hearing.
Any interested person that is aggrieved by any action or order of a commissioner may appeal in writing to the director within five days after notice of action or order if no other time limit is prescribed within which to appeal from such action or order. No appeal may be taken from any authorized summary action of the commissioner.
appeal process commissioner decision writing an appeal
Section § 5104
If you disagree with a commissioner's decision, you have the right to appeal to the director. The director must listen to your appeal within 10 days after receiving it. Once the director makes a decision on the appeal, it is final and cannot be changed.
The director shall hear any appeal from an action or order of a commissioner within 10 days after the receipt of the appeal upon notice to all interested parties. His decision shall be final.
appeal process director decision commissioner
Section § 5105
If a decision is being appealed, the director will pause any actions on the case by the commissioner. If a commissioner fails to follow the director's orders related to an appeal, it's considered neglecting their responsibilities.
Pending decision after appeal, action by the commissioner on the case under appeal shall be suspended by the director. The refusal of any commissioner to carry out the orders and directions of the director which are issued in connection with any appeal is neglect of duty.
appeal suspension commissioner actions director orders
