Correction to Enforcement Letter 04-011, Restricted Materials Permit Review

It has been brought to our attention Enforcement Letter ENF 04-011, Restricted Materials Permit Review, contains an error. The error is located on page 13 of the section entitled, Due Process As It Relates To Permits – Refusals, Suspensions, and Denials. If a person’s permit will be refused, suspended, or revoked by the county agricultural commissioner, the affected person may request a hearing within ten days of receiving the notice of proposed action (NOPA). The statement incorrectly reports that person may request a hearing within 20 days of receiving the NOPA.

In the two column box, the statement should read, “If the person’s permit is to be refused, suspended, or revoked (and it is not possible to correct the permit application), Then that person shall be given a written notice of proposed action (NOPA), including the basis for the action, and have the right to request a hearing before the CAC within ten days of receiving the NOPA to refuse, revoke, or suspend.”

This revision is effective immediately. You may wish to use the enclosure to replace the prior version of page 13. The online version of ENF 04-011 appearing on the Department of Pesticide Regulation Web site has already been corrected.

If you have any questions, contact the Enforcement Branch Liaison assigned to your county.

Sincerely,