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§ 1706. License Denial.

3 CA ADC § 1706Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 3. Economics (Refs & Annos)
Chapter 2.2. Market Enforcement
Subchapter 1. Licensing
Article 7. Hearing Procedures
3 CCR § 1706
§ 1706. License Denial.
Currentness
(a) If a hearing is requested under Article 3 of these regulations, the following procedures apply:
(1) The Department shall issue a Statement of Issues. The following documents shall accompany the notice:
(A) a Notice of Defense form with preprinted address and facsimile telephone number for filing, so that the applicant may request a hearing by either of these means;
(B) a Request for Discovery form with preprinted address for filing, so that the applicant may request discovery; and,
(C) a copy of the Statutes and regulations applicable to the reasons for the Department's denial.
(b) If the applicant submits a Notice of Defense within the time frame, the Department shall schedule a hearing within 90 calendar days of its receipt. If the applicant does not submit the Notice of Defense within the time frame set out in statute, the Department's denial is final for all purposes.
(1) An applicant may “waive time.” The Department and an applicant may agree in writing to a later date to begin a hearing. The Department may do so if the applicant says it would improve the applicant's presentation of his or her case or fit his or her schedule better. The Department shall not agree to an extension that would postpone the hearing more than one (1) year from the Department's receipt of the Notice of Defense.
(c) An appellant applicant may obtain a brochure from the Market Enforcement headquarters office that explains procedures under Chapters 4.5 and 5 of the Government Code. The Department follows these procedures generally, although it does not require strict compliance with the Office of Administrative Hearing's (OAH) “Rules of Court.”
(1) The Code authorizes either Administrative Law Judges (ALJ) appointed by the Department or by OAH to conduct the hearing. The Department shall assign its own ALJ unless the applicant specifically requests an OAH hearing or unless the Department determines an OAH assignment to be warranted by the circumstances of a particular case or case load. If an applicant desires an OAH hearing, the Department shall arrange one if the applicant meets two conditions: (A) the applicant shall agree in writing to be bound by the OAH “Rules of Court”; and (B) the applicant shall pay the Department in advance the estimated difference in cost between the two types of proceedings. The Department calculates the estimated difference based on the following formula: the sum of the difference between the OAH daily billing rate and the Department's daily rate, multiplied by the party's estimate as to the duration of trial. The Department shall remit any credit balance to the applicant after issuance of the final decision. The Department shall bill the applicant for any debit balance.
(d) ALJs hearing Market Enforcement cases have some limitations that OAH judges hearing other types of cases do not. Food and Agricultural Code sections 55488, 55528, and 56190 describe these limitations. These limits apply whether the presiding judge is a Department employee or an OAH Administrative Law Judge.
(e) An applicant shall meet both substantive and procedural requirements. An applicant bears both the burden of proof and the burden of producing evidence adequate to convince the Department that the Department should license the applicant.
(f) The appellant may expect a written decision within sixty (60) calendar days after submission. Submission means the party's presentation has concluded.
(1) Sometimes judges require written closing arguments or give parties the opportunity to send in documents after the hearing. The sixty days shall not begin to accrue until after the submission of these documents.
(2) The sixty (60) days are guideline, not mandate. The Department has no power to force a judge to actually produce the decision within sixty (60) calendar days.
(g) The Department may settle with the appellant at any time prior to the release of a final decision. Settlement, called a “Stipulation and Order,” may include (but is not limited to) the issuance of a Conditional License on terms negotiated between parties.

Credits

Note: Authority cited: Sections 407, 55483(c) and 56183.(c), Food and Agricultural Code Reference: Sections 404, 55485.75, 55488, 55525.75, 55528, 56186.75 and 56190, Food and Agricultural Code; and Chapter 4.5 (commencing with section 11400), Chapter 5 (commencing with section 11500) 15376, Government Code.
History
1. New article 7 (sections 1706-1706.1) and section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 1706, 3 CA ADC § 1706
End of Document