SECTIONS 74790-74793 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74790-74793

74790. It is unlawful for any person to do any of the following:
(a) Refuse to render a report, statement, or record required by
the commission.
(b) Furnish a false report, statement, or record required by the
commission.
(c) Secrete, destroy, or alter records required to be kept under
this chapter.

74791. The commission shall adopt procedures to grant individuals
aggrieved by its actions or determinations an informal hearing before
the commission or before a committee of the commission designated
for this purpose. Appeals from decisions of the commission may be
made to the director. The determination of the director shall be
subject to judicial review upon petition filed with the appropriate
superior court.

74792. (a) The commission may commence civil actions and utilize
all remedies provided in law or equity for the collection of
assessments and civil penalties and for obtaining injunctive relief
or specific performance regarding this chapter and the regulations
adopted pursuant to this chapter. A court shall issue to the
commission any requested writ of attachment or injunctive relief upon
a prima facie showing by verified complaint that a named defendant
has violated this chapter or any regulation of the commission,
including, but not limited to, the nonpayment of assessments or the
intentional submission of false information to the commission. No
bond shall be required to be posted by the commission as a condition
for the issuance of any writ of attachment or injunctive relief.
(b) A writ of attachment shall be issued pursuant to Chapter 4
(commencing with Section 485.010) of Title 6.5 of Part 2 of the Code
of Civil Procedure, except that the showing specified in Section
485.010 of the Code of Civil Procedure is not required. Injunctive
relief shall be issued pursuant to Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, except
that the showing of irreparable harm or inadequate remedy at law
specified in Sections 526 and 527 of the Code of Civil Procedure is
not required.
(c) Upon entry of any final judgment on behalf of the commission
against any defendant, the court shall enjoin the defendant from
conducting any type of business involving grape rootstock until there
is full compliance and satisfaction of the judgment. Upon a
favorable judgment for the commission, it is entitled to receive
reimbursement for any reasonable attorney's fees and other actual
related costs. Venue for these actions may be established at the
domicile or place of business of the defendant or in the county of
the principal office of the commission. The commission may be sued
only in the county of its principal office.

74793. The suspension or termination of this chapter shall not
affect or waive any right, duty, obligation, or liability which has
arisen or which may thereafter arise in connection with this chapter,
release or extinguish any violation of this chapter, or affect or
impair any right or remedies of the commission with respect to any
violation.