spec investigator jc-235474 calcannabis

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Current California Department of Food and Agriculture CalCannabis Cultivation Licensing Division Compliance & Enforcement Branch Special Investigator (Non-Peace Officer) DUTY STATEMENT I. Program/Position Identification In order to protect and promote California's agricultural industry, the California Department of Food and Agriculture (CDFA) oversees the production of safe food and fiber for the consumers of California agricultural commodities through responsible environmental stewardship and regulation of marketplace standards to ensure a fair and competitive marketplace. The CalCannabis Cultivation Licensing Division (CalCannabis) fulfills its mission by ensuring public safety and environmental protection by licensing and regulating commercial cannabis cultivators in California. CalCannabis is organized into three Branches: Licensing, Compliance and Enforcement, and Administration. CDFA is statutorily mandated to establish a Cannabis Cultivation Licensing Program (CalCannabis). As required by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), CalCannabis will license the cultivation of indoor and outdoor cannabis, with consideration given to size and location of the operation; establish a track-and-trace program that uniquely identifies cannabis plants and enables licensing authorities to track cannabis through the distribution chain; work in consultation with other state agencies to adopt environmental remediation regulations; and consider and implement best practices. Current law also includes the authority to conduct compliance verification inspections, enforcement language, and provisions to promulgate regulations and report program activities to the Legislature. Under the direction of the Supervising Special Investigator I, the Special Investigator conducts inspections, investigations, administrative enforcement actions, and other duties related to compliance and enforcement of California laws and regulations governing the cultivation of cannabis. The incumbent applies State laws and regulations relating to the cultivation of cannabis; determines compliance with track-and-trace requirements for the movement and transfer of cannabis and cannabis products; analyzes situations accurately; and takes an effective course of action. Additionally, the incumbent prepares and issues Notices of Violation (NOV) and prepares clear and concise investigative reports and administrative enforcement documentation and testifies at at administrative hearings, civil proceedings and/or criminal proceedings. Special Investigator (Non- Peace Officer) Special Investigator Valid California Driver's License Working Title: License Requirement: Position Number: Division/Branch: Location: Date Prepared: Work Hours/Shiſt: 018-905-8612- CalCannabis Cultivation Licensing Division/ Compliance and Enforcement Branch Los Angeles County September 2020 40 hours per week Incumbents in this class will progress through the ranges based on the required experience described in Alternate Range Criteria #156. Performance standards of duties will be held to the incumbents appropriate designated range. Range A - Under supervision, responsibilities may include conducting independent criminal, civil, and/or administrative investigations to detect or verify suspected violations or provisions of Federal, State, and/or local laws, rules, or regulations; obtaining and verifying evidence to support

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Page 1: Spec Investigator JC-235474 CalCannabis

Current California Department of Food and Agriculture

CalCannabis Cultivation Licensing Division Compliance & Enforcement Branch

Special Investigator (Non-Peace Officer) DUTY STATEMENT

I. Program/Position Identification

In order to protect and promote California's agricultural industry, the California Department of Food and Agriculture (CDFA) oversees the production of safe food and fiber for the consumers of California agricultural commodities through responsible environmental stewardship and regulation of marketplace standards to ensure a fair and competitive marketplace. The CalCannabis Cultivation Licensing Division (CalCannabis) fulfills its mission by ensuring public safety and environmental protection by licensing and regulating commercial cannabis cultivators in California. CalCannabis is organized into three Branches: Licensing, Compliance and Enforcement, and Administration.

CDFA is statutorily mandated to establish a Cannabis Cultivation Licensing Program (CalCannabis). As required by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), CalCannabis will license the cultivation of indoor and outdoor cannabis, with consideration given to size and location of the operation; establish a track-and-trace program that uniquely identifies cannabis plants and enables licensing authorities to track cannabis through the distribution chain; work in consultation with other state agencies to adopt environmental remediation regulations; and consider and implement best practices. Current law also includes the authority to conduct compliance verification inspections, enforcement language, and provisions to promulgate regulations and report program activities to the Legislature.

Under the direction of the Supervising Special Investigator I, the Special Investigator conducts inspections, investigations, administrative enforcement actions, and other duties related to compliance and enforcement of California laws and regulations governing the cultivation of cannabis. The incumbent applies State laws and regulations relating to the cultivation of cannabis; determines compliance with track-and-trace requirements for the movement and transfer of cannabis and cannabis products; analyzes situations accurately; and takes an effective course of action. Additionally, the incumbent prepares and issues Notices of Violation (NOV) and prepares clear and concise investigative reports and administrative enforcement documentation and testifies at at administrative hearings, civil proceedings and/or criminal proceedings.

Special Investigator (Non- Peace Officer) Special Investigator Valid California Driver's License

Working Title: License Requirement: Position Number: Division/Branch:

Location: Date Prepared: Work Hours/Shift:

018-905-8612-XXXCalCannabis Cultivation Licensing Division/Compliance and Enforcement BranchLos Angeles CountySeptember 202040 hours per week

Incumbents in this class will progress through the ranges based on the required experience described in Alternate Range Criteria #156. Performance standards of duties will be held to the incumbents appropriate designated range.

Range A - Under supervision, responsibilities may include conductingindependent criminal, civil, and/or administrative investigations to detect or verifysuspected violations or provisions of Federal, State, and/or local laws, rules, or regulations; obtaining and verifying evidence to support

Page 2: Spec Investigator JC-235474 CalCannabis

Special Investigator (Non-Peace Officer) REG 6 018-905-8612-XXXPage 2

administrative action, conferences, and/or prosecution; determining type of case and developing investigation plan; conducting and completing investigations; maintaining accurate master investigation case files; providing technical assistance and training to others; cooperating with and securing the assistance of Federal, State, and local law enforcement agencies; preparing clear, concise, and accurate documents and reports detailing investigation activities and findings; and performing other related duties.

Range B - Investigation responsibilities are expected to be more complex and require broader knowledge and application of investigative techniques and procedures. Incumbents conduct the complex criminal, civil, and/or administrative investigations to detect or verify suspected violations of laws, rules, or regulations; locate and interview witnesses and persons suspected of violations; obtain and present facts and evidence to support administrative action, conferences, and/or prosecution; prepare and/or obtain search warrants; serve subpoenas, inspection warrants, and/or other official legal papers; and perform other related duties.

Range C - Incumbents (1) lead or review the work of a small staff of Special Investigators in the performance of field investigations; detect or verify suspected multiple violations of laws, rules, or regulations; (2) have independent responsibility to oversee an entire investigative operation or project; (3) independently conduct the most difficult and complex investigations and participate in multi-agency investigations or assignments; and/or (4) in an investigatory program, perform program or policy development and interpretation duties which specifically require investigatory expertise.

II. Essential and Non-Essential Job Functions

A. Essential Functions:

Function #1 - Inspection and Investigation Duties 50%

• Receive, process, and respond to inquiries and complaints regarding cannabis cultivationand/or actions and activities of licensed and unlicensed cannabis operations/cultivators inorder to gage compliance with commercial cannabis cultivation regulations.

• Review and analyze reporting activity and inventory tracking data in the track-and-tracesystem for anomalies and potential fraud indicators.

• Travel to various locations throughout the State in order to:o Participate in search warrants (criminal, civil/administrative), collect evidence,

conduct interviews, make positive identification of subject and/or businessentities involved in unlicensed commercial cannabis cultivation.

o Conduct on-site enforcement inspections and compliance history reviews, asneeded. Prepare correspondence and/or recommendations based on findingsfrom the on-site inspections and/or analysis of the licensee's compliancehistory in order to determine compliance and/or to document violations of Statelaws and/or regulations.

• Communicate, verbally and in written form, provisions of laws and regulations tointerested parties and apply them to specific situations to determine regulatory

• compliance. Prepare and present investigative reports, including investigative interviews,physical, observational and/or documentary evidence, administrative penalties and/orother documentation to substantiate recommended administrative and/or licensing

• actions. Timely, accurately and completely enter data, information, correspondence,documentation and other relevant inspection or investigative case artifacts into the

Page 3: Spec Investigator JC-235474 CalCannabis

Special Investigator (Non-Peace Officer) REG 6 018-905-8612-XXXPage 3

designated CalCannabis case management system in order to maintain and track incidences for future reference.

• Execute regulatory administrative hold procedures to prevent destruction of evidence,illegal diversion of cannabis or cannabis products, or to address potential threats to theenvironment or public safety.

• Work cooperatively with State and local law enforcement in serving subpoenas, searchwarrants, cease and desist orders, and/or other legal documents to licensed andunlicensed cultivators in order to interview licensees, licensee representatives andwitnesses in order to obtain oral and written statements in support of suspected

• violations. Meet and confer, as needed, with licensees or with the Supervising SpecialInvestigator I to present findings of inspections and investigations and makerecommendations for resolution and/or administrative action.

• Prepare initial report or orally present facts and evidence to program management priorto providing information to County District Attorneys, State Attorney General, or otherstate or local law enforcement agencies in support of potential civil or criminalprosecution.

Function #2 - Enforcement Duties 30%

• Prepare NOV and assess administrative penalties for violations of the law and/orregulations associated with commercial cannabis cultivation.

• Review, prepare, and submit written recommendations to approve or deny CorrectiveAction Plans submitted by licensees to correct instances of noncompliance.

• Prepare draft Accusations and Statement of Issues for administrative actions and/orlicensing actions for supervisor's review and approval.

• Prepare draft notices of administrative hold for supervisor's review and approval in orderto document suspected violations or provisions of State and/or local laws, rules, orregulations

• Schedule and prepare evidence for case-presentations at administrative hearings inorder to support administrative action, conferences, and/or prosecution.

• Testify at administrative hearings, as needed, in support of CalCannabis administrativeactions and/or as an expert witness in civil and/or criminal proceedings on behalf ofCalCannabis.

• Coordinate and collaborate with state and local law enforcement and other local entitieson enforcement activities associated with suspected unlicensed cultivation activity.

Function #3 - Communication and Coordination Duties 10%

• Coordinate and cooperate with state licensing agencies, state permitting agencies, stateand local law enforcement on investigative matters in order to plan and implementenforcement activities associated with suspected unlicensed cultivation activity. Conduct

• inspection and enforcement activities in a practical and professional manner in order toestablish and maintain rapport with licensees and cannabis industry representatives.Participate in educational and outreach programs, including seminars and workshops for

• applicants, licensees and cannabis industry representatives to promote voluntarycompliance with cannabis cultivation laws and regulations.

Function #4 - Administrative Duties 5%

Page 4: Spec Investigator JC-235474 CalCannabis

Special Investigator (Non-Peace Officer) REG 6 018-905-8612-XXXPage4

• Coordinate, plan, schedule logistics, and complete operational plans as needed forinspection and investigation site visits in order to make effective use of time.

B. Non-Essential Functions:

Function #1 - Miscellaneous Duties 5%

Ill.

• Ensure the reliability of transportation for completing investigative and enforcement activities by adhering to vehicle maintenance schedules.• Complete administrative duties to keep supervisor and program administration informed by preparing end of month reports, travel mileage logs, and weekly activity reports.• Perform other job-related duties as requested by supervisor.Work Environment

The duties of this position are conducted 40% indoors and 60% outdoors (percentages are an estimate). The incumbent will be assigned a state vehicle (equipped with GPS technology), laptop computer, printer, cellular phone, and other tools, supplies and equipment necessary to perform the required job functions. The incumbent is expected to spend four days per week in the field. Shift start and finish time may vary based on operational need of work (i.e., travel, search warrants, surveillance, etc.). Overtime may be required.

If the incumbent does not live within the position's designated home office area (see below), the assigned vehicle will be parked at a department designated location (usually a CalFire Station or state or local government office) within the position's designated home office area (which will become the employee headquarters for travel purposes). If the employee lives within the department designated home office areas for this position, they will be issued a home storage permit to park their assigned vehicle at their home and their home address will be their headquarters address for travel purposes. The incumbent's primary working area will be within Region 6. (See Attachment A.) Regular or recurring telework may occur as part of the incumbent's ongoing regular schedule in accordance with CDFA's Telework Policy.

Los Angeles County will be considered for the designated home office area.

During activities while in the field, the incumbent may be exposed to extreme weather conditions, dirt, odors, noise, fumes, uneven surfaces, extreme weather conditions, and fast-moving equipment. The incumbent should be able to perform strenuous hikes on foot over rough and rural terrain where unlicensed cannabis cultivation activities occur, carry 25Ibs of gear necessary to complete job tasks, operate a 4-wheel drive vehicle, and operate a 4-wheel drive vehicle in rough terrain.

Travel by state vehicle throughout the State is required on a routine basis. Travel by state vehicle or other public transportation systems to various locations throughout the state will be required on a regular basis and may be on short notice to assist other CalCannabis Investigators on enforcement actions. Incumbent should expect travel outside of normal regional assignment 25%of the time; participate in regular early hour operational briefings; and work extended hours when on various operations. Investigations may require extended periods of surveillance and sitting.

Title 11, Section 703(d) California Code of Regulations requires that all personnel who have access to Criminal Offender Record Information (CORI) or serving as a back-up to a Special

Page 5: Spec Investigator JC-235474 CalCannabis

on 1ca I Date: 2021.01.2815:39:24

Special Investigator (Non-Peace Officer) REG 6 018-905-8612-XXXPage 5

Investigator I - CEP, be fingerprinted and subject to a background investigation through the Department of Justice. Applicants for this position/examination must comply with this requirement and be cleared before hiring. Employees/candidates who do not pass DOJs background check will not be authorized for hire to this position.

IV. Other Information

This position is designated under the Conflict of Interest Code. The position is responsible for making or participating in the making of governmental decision that may potentially have a material effect on personal financial interests. The appointee is required to complete Form 700 within thirty (30) days of appointment, on an annual basis, and upon vacating the position. The incumbent must complete an Ethics orientation training course within six months of assuming a Form 700 covered position, and every two (2) years thereafter, by December 31 of each numbered year. Failure to comply with theConflict of Interest Code requirements may void the appointment.

V. Employee's Statement

(Initial applicable statement)

I have read and understand the duties and essential functions of the position. understand Reasonable Accommodation 1 and how it applies to essential functions. I can perform the duties of this job without Reasonable Accommodation.

OR

I have read and understand the duties and essential functions of the position. understand Reasonable Accommodation 1 and how it applies to essential functions. will need Reasonable Accommodation to perform one or more of the essential functions described in this duty statement.

• L • Digitally signed by Monica Li

M -08'00'

Employee Signature2 Date Supervisor Signature Date

Monica Li

Print Name Print Name

1 A reasonable accommodation is an adjustment or modification to a job or workplace that allows qualified employees or prospective employees to perform the essential functions of the job successfully. 2 Duties of this position are subject to change and may be revised as needed or required. If/when duties change you will be provided a revised duty statement to sign.

Page 6: Spec Investigator JC-235474 CalCannabis

Special Investigator (Non-Peace Officer) REG 6 018-905-8612-XXX Page6

ATTACHMENT A

CALCANNABIS REGIONAL ENFORCEMENT MAP

COMPLIANCE AND ENFORCEMENT BRANCH Siskiyou

llodoc ENFORCEMENT SUPERVISORS

BRANCH CHIEF I TABATHA CHAVEZ SUPERVISING SPECIAL INVESTIGATOR II

JANET RUIZ SUPERVISING SPECIAL INVESTIGATOR II

DAN BRIOT

Shasta Lassen

REGION l I RACHAEL BRUNNER REGION 2 I KRISTEN BLEHM REGION 3 I JOHN THOMAS REGION 4 I HARLEY VOSS REGION 5 I PHILIP SARAFF

REGION 6 I MONICA LI

lladera

San Benito Fresno 4

Tulare

Kingslfonterey

San Luis Kern Obispo

Santa Barbua

San Diego