California Legislature—2015–16 Regular Session

Assembly Bill No. 1427

Introduced by Assembly Member Lackey

February 27, 2015

An act to amend Section 309 of the Fish and Game Code, relating to fish and game.

LEGISLATIVE COUNSEL’S DIGEST

AB 1427, as introduced, Lackey. Fish and Game Commission: hearings.

Existing law authorizes the Fish and Game Commission, or any person appointed by the commission to conduct a hearing, to cause the deposition of witnesses, as prescribed, and to compel the attendance of witnesses and the production of documents and papers, in accordance with certain requirements.

This bill would make a technical, nonsubstantive change to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 309 of the Fish and Game Code is
amended to read:

309.  

(a) The commission or any person appointed by it to
conduct a hearing may, in any investigation or hearing, cause the
deposition of witnesses, residing within or without the state, to be
taken in the manner prescribed by law for deposition in civil actions
in the superior courts of this state under Title 4 (commencing with
Section 2016.010) of Part 4 of the Code of Civil Procedure, and
may compel the attendance of witnesses and the production of
documents and papers. The commission shall adopt regulations
that afford procedural and substantive due process to any person
whose license or permit is subject to revocation or suspension.
Except upon conviction of a violation of this code or a regulation
adopted pursuant to this code relating to the licensed or permitted
activity and notwithstanding any other provision of this code, the
commission shall not revoke or suspend any license or permit until
the regulations required by this section have been adopted and
approved by the Office of Administrative Law pursuant to Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code.

(b)  begin delete Any end delete begin insert A end insert deliberation conducted by the commission, or
conducted by any person appointed by the commission to conduct
hearings, is deemed to be a proceeding required to be conducted
pursuant to Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code or similar
provision, within the meaning of paragraph (3) of subdivision (c)
of Section 11126 of the Government Code.