Code Section Group

Food and Agricultural Code - FAC

DIVISION 1. STATE ADMINISTRATION [101 - 1501]

  ( Division 1 enacted by Stats. 1967, Ch. 15. )

PART 1. THE DEPARTMENT OF FOOD AND AGRICULTURE [101 - 894]

  ( Heading of Part 1 amended by Stats. 1976, Ch. 1079. )

CHAPTER 2. Fiscal Duties and Powers [201 - 306]

  ( Chapter 2 enacted by Stats. 1967, Ch. 15. )

ARTICLE 6. Refunds [301 - 306]
  ( Article 6 enacted by Stats. 1967, Ch. 15. )

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.

(Enacted by Stats. 1967, Ch. 15.)

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.

(Amended by Stats. 1989, Ch. 519, Sec. 1.)

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.

(Enacted by Stats. 1967, Ch. 15.)

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.

(Enacted by Stats. 1967, Ch. 15.)

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.

(Enacted by Stats. 1967, Ch. 15.)

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.

(Amended by Stats. 1989, Ch. 519, Sec. 2.)

FACFood and Agricultural Code - FAC6