SECTIONS 301-306 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 301-306

301. As used in this article, "fee" includes, but is not limited
to, any application fee, license fee, permit fee, inspection fee,
certification fee, registration fee, identification fee, analysis
fee, or certificate fee.

302. Notwithstanding any other provision of law, the director may
authorize the refund of any money which is received or collected by
the department in the payment of any fee, assessment, or tax.

303. A refund may be made in whole or in part in any of the
following instances:
(a) The purpose for a fee cannot lawfully be accomplished for the
person that paid the fee through no fault of such person.
(b) A refund of a fee is requested by the payer before any
examination or inspection has been performed or service rendered by
the department for the payer.
(c) The payment of a fee, assessment, or tax represents an
overpayment, payment in duplicate, payment in error in law, or
payment through error of the payer or the department.

304. The fiscal officer of the department shall make payment of any
refund pursuant to this article if the director prepares a voucher
which sets forth the facts which pertain to the refund and authorizes
its payment.

305. If any money which is to be refunded has been deposited in the
State Treasury, the State Controller, upon receipt of a claim which
is filed by the department, shall draw his warrant for the payment of
the refund from the fund to which the money was credited.

306. If the director finds that the amount of any refund is less
than ten dollars ($10) or an amount established pursuant to Section
16302.1 of the Government Code, the director may retain the amount
for use for the same purpose for which the original payment was made,
unless demand for the payment of a refund is made within six months
after the determination that a refund is due. If a demand is made,
the refund shall be paid.