Section 12058 - APA Hearing(a) When the Commission elects to hold an APA hearing the Commission will determine whether the APA hearing will be held before an Administrative Law Judge sitting on behalf of the Commission or before the Commission itself with an Administrative Law Judge presiding in accordance with Government Code section 11512. Notice of the APA hearing will be provided to the applicant pursuant to Government Code section 11500 et seq.(b) The burden of proof is on the applicant to prove his, her, or its qualifications to receive any license or other approval under the Act.(c) A Statement of Issues will be prepared and filed according to Government Code section 11504 by the complainant.(d) At the conclusion of the evidentiary hearing, when the Commission is hearing the matter, the members of the Commission will take the matter under submission, may discuss the matter in a closed session meeting, may leave the administrative record open in order to receive additional evidence as specified by the Commission, and may schedule future closed session meetings for deliberation.(e) The evidentiary hearing will proceed as indicated in the notice, unless and until the Executive Director or Commission approves the retraction of referral to an APA hearing.Cal. Code Regs. Tit. 4, § 12058
1. New section filed 11-25-2014; operative 1-1-2015 (Register 2014, No. 48).
2. Amendment filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4). Note: Authority cited: Sections 19811, 19823, 19824, 19840 and 19841, Business and Professions Code. Reference: Sections 19816, 19823, 19824, 19825, 19868 and 19876, Business and Professions Code; and Sections 11512 and 11517, Government Code.
1. New section filed 11-25-2014; operative 1/1/2015 (Register 2014, No. 48).
2. Amendment filed 1-22-2020; operative 4/1/2020 (Register 2020, No. 4).