SECTIONS 77641-77644 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 77641-77644

77641. It is a misdemeanor 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) Fail or refuse to furnish the commission, or its duly
authorized agents, information concerning the names and addresses of
persons from whom timber has been received and the quantity so
received.
(d) Secrete, destroy, or alter records required to be kept under
this chapter.

77642. The commission shall establish procedures for the purpose of
granting 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 secretary. The determination of the
secretary shall be subject to judicial review upon petition filed
with the appropriate superior court.

77643. (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 the obtaining of injunctive
relief or specific performance regarding this chapter and the rules
and 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 rule or regulation of the
commission, including, but not limited to, the nonpayment of
assessments. The commission shall not be required to post a bond 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 5
(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 that code is not required. Injunctive relief shall be
granted 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 that code 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 regarding timber 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.

77644. The repeal or suspension and termination of this chapter
shall not do any of the following:
(a) Affect or waive any right, duty, obligation, or liability
which has arisen or which may thereafter arise in connection with
this chapter.
(b) Release or extinguish any violation of this chapter.
(c) Affect or impair any right or remedies of the commission with
respect to any violation.