(a) (1) An interested person may request the commissioner to review their action in issuing, refusing, revoking, suspending, or conditioning a permit to use or possess a restricted material. The request for review of the commissioner’s action shall be limited to the issues described in subdivision (d). The commissioner shall review the request and issue a written decision in response to the request to review within 10 days of receipt of the request. If the commissioner is unable to complete the review within 10 days, the commissioner shall notify the person requesting a review in writing, including an estimated timeline for completion. The commissioner may affirm, modify, or cancel the permit action reviewed. An interested person may thereafter appeal to the director to review the commissioner’s action within 30 days of the date of receiving the commissioner’s written decision.
(2) No later than January 31 of each year, the commissioner shall report to the director the number and share of total reviews within their jurisdiction in the previous calendar year that were not completed within the 10-day timeline provided in this subdivision, the average number of days required for review, and the number of permits that were affirmed, modified, or cancelled.
(b) The commissioner and director shall conduct each review in an expeditious manner so that needed pest control measures are not adversely affected.
(c) Each request for review, limited to the issues described in subdivision (d), shall be submitted in writing to the commissioner by the person requesting the review and shall include all of the following:
(1) The location of persons, property, or areas that would be affected and the location of property to be treated.
(2) The name of the restricted material involved.
(3) The name and address of the person in charge of the property to be treated, if different from the person filing the request for review.
(4) Any other information that the person filing the request for review or the commissioner determines to be relevant.
(d) In an appeal of a commissioner’s action to the director, the issues are limited to any of the following:
(1) Whether the proposed permit use is consistent with applicable pesticide label restrictions and applicable regulations.
(2) Whether the commissioner properly considered Section 14006.5.
(3) Whether the commissioner abused their discretion in issuing, refusing, revoking, or conditioning the permit.
(e) The director shall act on these appeals within 10 days of receipt thereof. If the director is unable to complete the review within 10 days, the director shall notify the appellant, in writing, including an estimated timeline for completion. The director may stay the operation of a permit until their review is complete. As part of its annual reporting requirements pursuant to subdivision (c) of Section 12824.5, the department shall report the number and share of total cases in which the director did not meet the timeline provided in this subdivision, the average number of days required for review of appeals, and the number of permits that were affirmed, modified, or cancelled.
(f) (1) Before acting on an appeal, the director shall make publicly available all of the information provided to them as specified in this section if requested to do so in writing by any interested person.
(2) At any time before acting on an appeal, the director may request additional testimony or other evidence specified in this section at the public review from interested persons.
(g) Judicial review of any decision by the director pursuant to this section shall be pursuant to Section 1094.5 of the Code of Civil Procedure. Review shall be limited to whether the proposed permit use is consistent with applicable pesticide label restrictions and regulations and whether the director abused their discretion.
(Amended by Stats. 2024, Ch. 60, Sec. 25. (AB 2113) Effective July 2, 2024.)