Section 12056 - Evidentiary Hearings(a) If the Commission elects to hold an evidentiary hearing, or an applicant has elected to request an evidentiary hearing following a Commission approval with conditions, restrictions, or limitations pursuant to paragraph (2) of subsection (a) of Section 12054 or a denial pursuant to paragraph (3) of subsection (a) of Section 12054, the hearing will be conducted as a GCA hearing under Section 12060, unless the Executive Director or the Commission determines the hearing should be conducted as an APA hearing under Section 12058. The evidence will be presented by the complainant, which is selected by the Executive Director or the Commission, and may be either the Bureau or an advocate of the Commission. If an advocate of the Commission is selected, the determination will include a list of employees of the Commission who will be designated as an advocate of the Commission.(b) Nothing in this section, Section 12058 or Section 12060 confers upon an applicant a right to discovery of the Commission's or Bureau's confidential information or to require production of any document or the disclosure of information which is otherwise prohibited by any provision of the Act, or is privileged from disclosure or otherwise made confidential by any other provision of law. Documentary evidence may be redacted as needed to prevent the disclosure of confidential information. Exculpatory or mitigating information will be provided to the applicant, but any confidential information may be redacted by the Bureau.(c) Under either an APA or a GCA hearing, all parties will bear their own costs. This does not prevent the Bureau from requiring that additional sums be deposited pursuant to Business and Professions Code section 19867 for any necessary supplemental investigations.(d) Where an application has been referred to a GCA hearing or an APA hearing, the Commission retains the authority to retract the referral, pursuant to paragraph (4) of subsection (a) of Section 12054, and refer the application to a GCA hearing or APA hearing pursuant to subsection (a) of Section 12056, or hear the matter at a Section 12054 meeting.(e) An APA or GCA hearing is sufficient to meet the hearing requirement of Business and Professions Code section 19914.Cal. Code Regs. Tit. 4, § 12056
1. New section filed 11-25-2014; operative 1-1-2015 (Register 2014, No. 48).
2. Amendment of subsections (a) and (b) and new subsection (d) filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4).
3. New subsection (e) and NOTE filed 12-12-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
4. Amendment of subsections (a) and (d) filed 2-8-2022; operative 4-1-2022 (Register 2022, No. 6). Note: Authority cited: Sections 19811, 19823, 19824, 19825, 19840 and 19841, Business and Professions Code. Reference: Sections 19816, 19823, 19824, 19825, 19868, 19870, 19871, 19876 and 19914, Business and Professions Code; and Section 11512, Government Code.
1. New section filed 11-25-2014; operative 1/1/2015 (Register 2014, No. 48).
2. Amendment of subsections (a) and (b) and new subsection (d) filed 1-22-2020; operative 4/1/2020 (Register 2020, No. 4).
3. New subsection (e) and Note filed 12-12-2020; operative 1/1/2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
4. Amendment of subsections (a) and (d) filed 2-8-2022; operative 4/1/2022 (Register 2022, No. 6).