California Code of Regulations, Title 3

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Division 1 Administration

Chapter 1 General

Cal. Code Regs. Tit. 3, § 1 Service of Notices

For the purpose of subdivision (c) of Section 11505 of the Government Code, notices which are required to be served by registered mail may be served by certified mail pursuant to Section 8311 of the Government Code, and shall be mailed to the licensee at the premise for which his license is issued. Any licensee who desires to have such notices mailed to him at an address other than his licensed premise shall file with the department a specific request for that purpose, and in such case notices shall be sent to the licensee at such address. Such licensee shall notify the department of a change in address, and specifically request the department to mail notices to the changed address.

History

• 1. New section filed 12-5-62; effective thirtieth day thereafter (Register 62, No. 25).
• 2. Amendment filed 6-9-71 as procedural; effective upon filing (Register 71, No. 24).
• Note: Authority cited for Subchapter 1: Section 16 (renumbered 407, 1967 Stats. C. 15), Food and Agricultural Code. Reference: Section 11505, Government Code.

Chapter 2 Examination for County Officers/Employees

Article 1 Qualifications

Cal. Code Regs. Tit. 3, § 101 General Qualifications

All candidates shall possess the general qualification of integrity, honesty, sobriety, dependability, industry, thoroughness, accuracy, good judgment, initiative, resourcefulness, courtesy, ability to work cooperatively with others, willingness and ability to assume the responsibilities and to conform to the conditions of work characteristic of the employment, and shall be able to perform the essential functions of the job as defined in any county specifications for the position. The foregoing general qualifications shall be deemed to be a part of the minimum qualifications of each classification and need not be specifically set forth therein.

Note: Authority cited: Sections 407 and 2101, Food and Agricultural Code; and Sections 12027 and 12202, Business and Professions Code. Reference: Sections 2101 and 2102, Food and Agricultural Code; and Section 12202, Business and Professions Code.

History

• 1. Repealer of Subchapter 2 (Sections 101 through 285) and new Subchapter 2 (Sections 101 through 173) filed 7-24-67; effective thirtieth day thereafter (Register 67, No. 30). For prior history, see Registers 53, No. 1; 57, No. 1; 57, No. 12 and 65, No. 17.
• 2. Amendment of section and NOTE filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

Cal. Code Regs. Tit. 3, § 103 Minimum Qualifications-County Agricultural Commissioner

The following are the minimum qualifications for admission to the license examination for County Agricultural Commissioner:

(1) Possession of a valid statewide Deputy County Agricultural Commissioner license; and

(2) Four years of experience in the enforcement of agricultural or weights and measures laws; at least two years of which shall have included management, supervisory, or program responsibility experience; and

(3) A minimum of 80 hours of instruction in management and/or supervisory practices, obtained through organized classroom training, in-service training, or accredited correspondence courses.

The scope of the licensing may include the following:

Knowledge of: all laws relating to the office of County Agricultural Commissioner; agriculture; the structure and function of county government; Department of Food and Agriculture and Department of Pesticide Regulation policies and County Agricultural Commissioners' policy statements; principles of administration including program planning, personnel management, budgeting, training, supervision, public relations, office procedures, and records management; legal processes involved in County Agricultural Commissioner responsibilities; those California Code of Regulations provisions dealing with work directly related to the duties of the County Agricultural Commissioner and any rules and regulations of a similar nature.

Ability to: lead others; demonstrate initiative to improve supervisory and management skills; head a county department; handle the funds of the office in an economical manner; effectively evaluate the qualifications of and demonstrate good judgment in selecting assistants; organize and direct a staff of inspectors; analyze situations and people accurately; make independent decisions quickly on matters of importance; get along well with others; handle difficult situations accurately; take effective action; make decisions on controversial matters; speak and write effectively.

Note: Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 2101- 2103, Food and Agricultural Code.

History

• 1. Amendment of Sections 103 through 105 filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).
• 2. Amendment filed 1-30-73; effective thirtieth day thereafter (Register 73, No. 5).
• 3. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).
• 4. Amendment of subsection (1) filed 8-11-77; effective upon filing (Register 77, No. 33).
• 5. Amendment filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

Cal. Code Regs. Tit. 3, § 104 Minimum Qualifications-Deputy County Agricultural Commissioner

The following are minimum qualifications for admission to the licensing examination for Deputy County Agricultural Commissioner:

(1) Possession of valid statewide County Agricultural Inspector/Biologist licenses in all categories for which licenses are issued; and

(2) Two years of experience in the enforcement of agricultural or weights and measures laws or in agricultural pest control or in the production, processing, or marketing of agricultural commodities. This experience must have been at a level comparable to county agricultural or weights and measures inspector; and

(3) Education: Possession of a bachelor's degree from an accredited four-year college with specialization in one or more appropriate disciplines in agricultural or biological sciences as determined by the Secretary of the Department of Food and Agriculture. This requirement does not apply to any person holding a valid certificate of qualification prior to January 1, 1985.

The scope of the licensing examination may include the following:

Knowledge of: all laws relating to the office of County Agricultural Commissioner; agriculture; the structure and function of county government; Department of Food and Agriculture and Department of Pesticide Regulation policies and County Agricultural Commissioners' policy statements; principles of administration including program planning, personnel management, budgeting, training, supervision, public relations, office procedures, and records management; legal processes involved in County Agricultural Commissioner responsibilities; those California Code of Regulations provisions dealing with work directly related to the duties of the County Agricultural Commissioner and any rules and regulations of a similar nature.

Ability to: lead others; demonstrate initiative to improve supervisory and management skills; demonstrate potential as a first line supervisor; handle the funds of the office in an economical manner; effectively evaluate the qualifications of and demonstrate good judgment in selecting assistants; organize and direct a staff of inspectors; analyze situations and people accurately; make independent decisions quickly on matters of importance; get along well with others; handle difficult situations accurately; take effective action; make decisions on controversial matters; speak and write effectively.

Note: Authority cited: Sections 407 and 2101, Food and Agricultural Code. Reference: Section 2106, Food and Agriculural Code.

History

• 1. Amendment filed 1-30-73; effective thirtieth day thereafter (Register 73, No. 5).
• 2. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).
• 3. Amendment of subsection (1) filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).
• 4. Amendment of section and new NOTE filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

Cal. Code Regs. Tit. 3, § 106 Minimum Qualifications-County Sealer of Weights and Measures

The following are the minimum qualifications for admission to the licensing examination for County Sealer of Weights and Measures:

(1) Possession of a valid statewide Deputy County Sealer of Weights and Measures license; and

(2) Four years of experience in the enforcement of weights and measures or agricultural laws; at least two years of which shall have included management, supervisory, or program responsibility experience; and

(3) A minimum of 80 hours of instruction in management and/or supervisory practices, obtained through organized classroom training, in-service training, or accredited correspondence courses.

The scope of the licensing examination may include the following:

Knowledge of: all laws relating to the office of County Sealer of Weights and Measures; Department of Food and Agriculture policies; the structure and function of county government; principles of administration including program planning, personnel management, budgeting, training, supervision, public relations, office procedures, and records management; legal processes involved in County Sealer of Weights and Measures responsibilities; those California Code of Regulations provisions dealing with work directly related to the duties of the County Sealer of Weights and Measures and any rules and regulations of a similar nature.

Ability to: lead others; demonstrate initiative to improve supervisory and management skills; head a county department; handle the funds of the office in an economical manner; effectively evaluate the qualifications of and demonstrate good judgment in selecting assistants; organize and direct a staff of inspectors; analyze situations and people accurately; make independent decisions quickly on matters of importance; get along well with others; handle difficult situations accurately; take effective action; make decisions on controversial matters; speak and write effectively.

Note: Authority cited: Section 12027, Business and Professions Code. Reference: Section 12202, Business and Professions Code.

History

• 1. Amendment of Sections 106, 107 and 108 filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).
• 2. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).
• 3. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).
• 4. Amendment of section and NOTE filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

Cal. Code Regs. Tit. 3, § 107 Minimum Qualifications-Deputy County Sealer of Weights and Measures

The following are the minimum qualifications for admission to the licensing examination for Deputy County Sealer of Weights and Measures:

(1) Possession of valid County Weights and Measures Inspector licenses in all categories for which licenses are issued; and

(2) Two years of experience in the enforcement of weights and measures or agricultural laws or in the inspection, maintenance, repair or installation of weighing or measuring instruments or equipment; consumer protection or resolution of consumer complaints in a public or private consumer affairs agency; law enforcement or investigation work in a federal, state, or local jurisdiction; responsible quality control or quantity control work in the production of consumer commodities. This experience must have been at a level comparable to county weights and measures or agricultural inspector/biologist; and

(3) Education equivalent to graduation from college with major work in chemistry, physics, mathematics, engineering, or other job related majors such as law enforcement, commerce and marketing. (Additional qualifying experience may be substituted for up to two years of the required college education on a year-for-year basis. Persons applying under this pattern must have a minimum of 15 semester units of college training in one or more of the qualifying majors). Persons holding the required valid licenses and permanently employed as a deputy commissioner, or weights and measures or agricultural inspector/biologist shall be deemed to meet the educational requirements of this section.

The scope of the licensing examination may include the following:

Knowledge of: all laws relating to the office of County Sealer of Weights and Measures; Department of Food and Agriculture policies; the structure and function of county government; principles of administration including program planning, personnel management, budgeting, supervision, training, public relations, office procedures, and records management; legal processes involved in County Sealer of Weights and Measures responsibilities; those California Code of Regulations provisions dealing with work directly related to the duties of the County Sealer of Weights and Measures and any rules and regulations of a similar nature.

Ability to: lead others; demonstrate initiative to improve supervisory and management skills; demonstrate potential as a first line supervisor; handle the funds of the office in an economical manner; effectively evaluate the qualifications of and demonstrate good judgment in selecting assistants; organize and direct a staff of inspectors; analyze situations and people accurately; make independent decisions quickly on matters of importance; get along well with others; handle difficult situations accurately; take effective action; make decisions on controversial matters; speak and write effectively.

Note: Authority cited: Section 12027, Business and Professions Code. Reference: Section 12202, Business and Professions Code.

History

• 1. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).
• 2. Amendment filed 12-26-74; effective thirtieth day thereafter (Register 74, No. 52).
• 3. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).
• 4. Amendment of section and new NOTE filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

Cal. Code Regs. Tit. 3, § 109 Inspector Qualifications Limitations

A county agricultural inspector/biologist or weights and measures inspector shall not be directed to perform duties in those categories in which not licensed except under qualified supervision.

Note: Authority cited: Section 407, Food and Agricultural Code and Section 12027, Business and Professions Code. Reference: Sections 2101-2103, Food and Agricultural Code and Section 12202, Business and Professions Code.

History

• 1. Amendment filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).
• 2. Amendment filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).
• 3. Amendment filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

Article 2 Examination

Cal. Code Regs. Tit. 3, § 121 Examinations

Examinations shall be of such character as fairly to test and determine the qualifications, fitness and ability of competitors actually to perform the duties of the classification for which they seek licenses. Examinations may be assembled or unassembled, written or oral, or in the form of a demonstration of skill, or any combination of these; and any investigation of character, personality, education and experience and any tests of intelligence, capacity, technical knowledge, manual skill, or physical fitness which the Secretary deems are appropriate, may be employed.

A candidate who holds a valid commissioner or sealer license may qualify for the other license by obtaining the appropriate deputy license and passing an oral examination.

Note: Authority cited: Section 407, Food and Agricultural Code and Section 12027, Business and Professions Code. Reference: Sections 2101-2103, Food and Agricultural Code and Section 12202, Business and Professions Code.

History

• 1. Amendment filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).
• 2. Amendment filed 2-4-74; effective thirtieth day thereafter (Register 74, No. 6).
• 3. Amendment filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).

Cal. Code Regs. Tit. 3, § 122 Confidential Records

Applications when filed and all other examination materials, including examination questions and booklets, are the property of the Department and are confidential records open to inspection only if and when determined by the Director.

Cal. Code Regs. Tit. 3, § 123 Minimum Rating Required

In order to qualify for a license of eligibility, a candidate must receive a grade of not less than 70 percent in the written examination; or the written or oral score shall be expressed as qualified or eliminated without the assignment of percentage ratings.

Note: Authority cited: Section 407, Food and Agricultural Code and Section 12027, Business and Professions Code. Reference: Sections 2101-2103, Food and Agricultural Code and Section 12202, Business and Professions Code.

History

• 1. Amendment filed 1-20-69; effective thirtieth day thereafter (Register 69, No. 4).
• 2. Amendment filed 10-4-95; operative 10-4-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 40).