Section 9836 - Administrative Review of Licensing Actions(a) Applicants for licensure and licensees may appeal a notice of licensing actions by forwarding a written request for review to the Director, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811. As used in this regulation, "licensing action" means denial of an application, denial of a request for renewal of licensure, denial of a request to open a satellite location, assessment of a civil penalty, or suspension or revocation of licensure.(b) The written request for review shall be postmarked within 15 working days of receipt of the written notice of licensing action. The written request for review shall: (1) Identify the statute(s) or regulation(s) at issue and the legal basis for the licensee's appeal;(2) State the facts supporting the licensee's position; and(3) State whether the applicant for licensure or licensee waives an informal conference and prefers to proceed directly with an administrative hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.(c) Failure to submit the written request for review, pursuant to Subsection (b) of this regulation, shall be deemed a waiver of administrative review and the action shall be deemed final.(d) The Director or the Director's designee shall schedule an informal conference with the licensee, unless the Director or the Director's designee and the licensee agree to settle the matter based upon the information submitted with the request for review. The informal conference shall be scheduled within 15 working days and held within 45 working days of receipt of the request for review.(e) Failure to schedule the informal conference within 15 working days or hold the informal conference within 45 working days of the receipt of the request shall be deemed a withdrawal of the licensing action by the Department unless the licensee: (1) Fails to attend the conference as scheduled, in which case the appeal shall be considered withdrawn and the action shall be deemed final;(2) Waives the 15 or 45 working day requirement; or(3) Waives informal conference.(f) The licensee shall have the following rights at the informal conference: (1) The right to be represented by legal counsel.(2) The right to present oral and written evidence.(3) The right to explain any mitigating circumstances.(g) The representatives of the Department who issued the notice of licensing action shall attend the informal conference and present evidence and information, oral or written, in substantiation of the alleged violation.(h) The conference shall be conducted as an informal proceeding, and shall not be conducted in the manner of a judicial hearing under the Administrative Procedure Act [Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code], and need not be conducted according to the technical rules relating to evidence and witnesses.(i) Neither the licensee nor the Department shall have the right to subpoena any witness to attend the informal conference. However, both the licensee and the Department may present any witness to present evidence and information on its behalf at the conference.(j) The proceedings at the informal conference may be recorded by either party on audio tape.(k) The decision to affirm, modify, or dismiss the notice of licensing action shall be mailed by the Director or the Director's designee to the licensee, postmarked no later than 10 working days from the date of the informal conference. The decision shall state with particularity the reason for affirming, modifying, or dismissing the notice of licensing action. A copy of the decision shall be transmitted to each party of the appeal.(l) If the licensing action, discussed at the informal conference, was assessed for failure to correct a Class A violation, the decision made at the informal conference shall be deemed final and not subject to further review.(m) If the licensing action is not a Class A violation the decision from the informal conference shall include a statement from the Director or the Director's designee notifying the licensee of the right of further administrative appeal to the decision made at the informal conference. A hearing may be requested in accordance with Chapter 5 (commencing with Section 11500) Part 1, Division 3, Title 2 of the Government Code. (1) The licensee may appeal the decision made at the informal conference or waive the informal conference and proceed directly to administrative hearing by submitting a written request to the Director of the Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811, postmarked no later than 15 working days from the date of receipt by the applicant for licensure or licensee of the informal conference decision or the notice of licensing action, as appropriate. Upon receipt of the request for appeal, the Department shall initiate administrative review and request that the matter be set for hearing. The Department shall notify the licensee of the time and place of the hearing.(2) Failure of the licensee to timely submit the written request for an administrative hearing shall be deemed a waiver of further administrative review and the decision of the Director or the Director's designee shall be deemed the final decision of the Department.(3) In the event the licensee appeals the Department's proposed assessment of civil penalties, collection of the civil penalties shall be subject to the outcome of the final administrative appeal.(4) A licensing action shall be deemed final if:(A) The licensee fails to appeal the licensing action in a timely manner, pursuant to Subsections (c) and (m)(2) of this regulation; or(B) A final determination is made in accordance with this regulation or, if applicable, with Section 11517 of the Government Code.(5) After deemed final, the civil penalty shall be paid to the Department within 60 days of receipt of the notice of final adjudication. Failure to pay the civil penalty within 60 days of receipt of the notice of final adjudication shall result in automatic termination of the license.Cal. Code Regs. Tit. 9, § 9836
1. Change without regulatory effect renumbering and amending former section 9836 to section 9852 and former section 9814 to section 9836 filed 4-15-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 20). For prior history, see Register 82, No. 47.
2. Repealer and new section filed 9-1-2004; operative 10-1-2004 (Register 2004, No. 36).
3. Amendment of subsections (a), (b), (b)(3), (d)-(e)(2), (m)(1) and (m)(5) filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12). Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34, 11834.36, 11834.37, 11834.45 and 11834.50, Health and Safety Code; and Chapter 5 (commencing with Section 11500), Part 1, Division 3, of Title 2, Government Code.
1. Change without regulatory effect renumbering and amending former section 9836 to section 9852 and former section 9814 to section 9836 filed 4-15-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 20). For prior history, see Register 82, No. 47.
2. Repealer and new section filed 9-1-2004; operative 10-1-2004 (Register 2004, No. 36).
3. Amendment of subsections (a), (b), (b)(3), (d)-(e)(2), (m)(1) and (m)(5) filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).