Section 4086 - Grounds for Denial(a) An initial Application for FSD Laboratory Certification shall be denied if the applicant laboratory:(1) Makes false statements on the application.(2) Fails to meet the security requirements identified in section 4091, subdivision (a) of these regulations.(3) Is wholly or partly owned by, a part of, financed by, or in any other way financially supported by any firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. As used in this subdivision, financial support does not apply to situations wherein an applicant laboratory provides testing services to a firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer.(4) Fails to demonstrate the ability to conduct the required testing as set forth in section 4095 of these regulations in an impartial, technically sound manner. Failure includes not having and using the equipment required by said subdivision.(5) Fails to obtain the required COE(s).(6) Fails to comply with any required local, state, and/or federal laws and/or licensing requirements relating to FSD testing.(7) Has any present or planned contractual, organizational, employment or other financial involvement and/or relationship (spouse(s), children, sibling(s), parent(s), or in-law(s)) with any firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. This would also apply to any employee(s) directly involved in FSD testing, owner(s), shareholder(s), partner(s), officer(s), and/or director(s) of the applicant laboratory who has any such involvement or relationship.(8) Is currently or plans to be a firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. This would also apply to any employee(s) directly involved in FSD testing, owner(s), shareholder(s), partner(s), officer(s), and/or director(s) of the applicant laboratory.(9) Has a present or planned direct, indirect, and/or beneficial interest aggregating $1,000 or more in any entity that is a firearms and/or FSD manufacturer/importer, wholesaler, distributor, or dealer. This would also apply to any employee(s) directly involved in FSD testing, owner(s), shareholder(s), partner(s), officer(s), and/or director(s) of the applicant laboratory.(b) If the DOJ denies certification, the DOJ shall provide a notice of denial to the applicant laboratory. The notice will specify all grounds on which the denial is based.(c) An applicant laboratory that has been served with a notice of denial may request a hearing. The written request must be received by the DOJ no later than 20 days from the date of service of the notice of denial. If a hearing is requested, it will be conducted in accordance with Government Code section 11500 et seq. Failure to make a written request for a hearing within the time specified above constitutes a waiver of the right to a hearing. If this occurs or if the applicant laboratory withdraws its appeal, the denial shall be final.Cal. Code Regs. Tit. 11, § 4086
1. Change without regulatory effect renumbering section 977.33 to section 4086, including amendment of subsection (a)(4), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Change without regulatory effect amending section and NOTE filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52). Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 23655, Penal Code.
1. Change without regulatory effect renumbering section 977.33 to section 4086, including amendment of subsection (a)(4), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Change without regulatory effect amending section and Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).