Stop QIP files for a Motion to Reconsider Decision on the Chapter 3.5 Hearing
In the matter of the public hearing regarding the petition to suspend Chapter 3.5 of the Food
and Ag code, we mentioned last week that the administrative law judge (ALJ) issued a recommendation. After a review of testimony and evidence presented, he concluded that the Secretary is not required to hold a referendum on the petition and should not do so. In a new twist
in the quota saga, Stop QIP filed a motion yesterday to reconsider the ALJ’s decision (here).
The primary argument in the document is that the ALJ did not consider their argument that the
fixed differential is “broken” and should be suspended as a result. The second argument is
that the ALJ’s recommendation is basically blurring the lines between the process for suspending the statutory authorization for CDFA to create any quota program with the regulatory processes for suspending or amending the QIP currently in place. The motion acknowledges that
the procedural rules allowing a motion to reconsider do not technically apply to a hearing held
pursuant to CDFA’s own regulations, but they should by analogy. It is unclear when we will
hear a response on this, but Stop QIP is asking for an “immediate review and reconsideration
of manifest and obvious errors in the Recommended Decision so that the Secretary may avoid
compounding that error in any decision she makes based upon the Recommended Decision”.