2007 California Food and Agricultural Code Article 4. Removal

CA Codes (fac:2181-2187)

2181.  Upon satisfactory evidence presented to the Secretary or the
Director of the Department of Pesticide Regulation that the
commissioner of any county is guilty of neglect of duty,
incompetence, or misconduct in office, the trial board that is
selected, pursuant to this article, shall hold a hearing at the time
and place specified by the trial board.  The secretary shall convene
the trial board when the alleged offenses come under the jurisdiction
of the Department of Food and Agriculture, and the director shall
convene the trial board when the alleged offenses come under the
jurisdiction of the Department of Pesticide Regulation.




2182.  The county agricultural commissioner's trial board shall be
composed of the Secretary  and the Director of the Department of
Pesticide Regulation, a person who has knowledge of, or experience
in, agriculture, selected by the board of supervisors of the county
of the charged commissioner, and a hearing officer from the Office of
Administrative Hearings, who shall be chairman and a voting member
of such board.
   The department that convenes the trial board is responsible, under
Section  11370.4 of the Government Code, for the cost of the
services provided for by the Office of Administrative Hearings in
carrying out the provisions of this section.



2183.  At least 10 days prior to the date of the hearing the
director shall give notice in writing to the commissioner of the time
and place of the hearing and such information as to the nature of
the charges as will enable the commissioner to present a defense to
the charges.



2184.  At the hearing the trial board shall hear the evidence which
is offered.



2185.  The trial board shall, within 30 days subsequent to the
conclusion of the hearing make an order dismissing the charges or an
order disqualifying the commissioner.



2186.  If the order disqualifies the commissioner, the director
shall revoke the commissioner's license and declare his or her office
vacant.  A copy of the order shall be immediately transmitted by the
director to the board of supervisors and the auditor of the county
in which the commissioner held office.



2187.  The license of a deputy commissioner may be revoked in the
same manner and for the same causes that a license of a commissioner
may be revoked.