Cal. Code Regs. Tit. 4, § 12015 - Withdrawal of Applications

(a) A request by an applicant, or his, her, or its designated agent on the applicant's behalf, to withdraw a submitted application may only be made prior to a Commission decision becoming final pursuant to Section 12066, subsection (b). The request must be made in writing to the Bureau. Upon receipt of the request to withdraw, Bureau staff will send written confirmation of receipt to the applicant. The Bureau will stay any investigation of the applicant being conducted under Business and Professions Code section 19868. The Executive Director will, upon receipt of any information or documentation provided by the Bureau pursuant to Business and Professions Code section 19869, place the request before the Commission for consideration at a regularly scheduled meeting pursuant to Section 12054.

(b) The Commission may grant or deny a withdrawal request based upon the public interest and the applicable provisions of the Act, including for example, where the applicant has failed to respond to Bureau or Commission inquires, or preliminary information has been provided by the Bureau which would indicate grounds for mandatory denial under Business and Professions Code section 19859. A withdrawal request may be granted with or without prejudice based upon the public interest and the applicable provisions of the Act.

(c) If a request for withdrawal is granted, any unused portion of a background investigation deposit will be refunded by the Bureau.

(d) If a request for withdrawal is granted with prejudice, the applicant will be ineligible to submit or renew its application for licensure or approval until after the expiration of one year from the date the request for withdrawal is granted.

(e) If the request for withdrawal is denied, the Bureau will proceed with the investigation of the applicant and provide a recommendation pursuant to Business and Professions Code section 19826.

(f) An applicant who has a withdrawal request granted for his, her or its application will not have a right to an evidentiary hearing pursuant to Section 12056.

(g) If a request for withdrawal of an application for an initial license is made to the Bureau and the Commission grants the request, any temporary or interim license issued to the applicant will be cancelled by the Executive Director.

Notes

Cal. Code Regs. Tit. 4, § 12015

1. Renumbering of former section 12047 to new section 12015, including amendment of section and NOTE, filed 11-25-2014; operative 1-1-2015 (Register 2014, No. 48).
2. Amendment of subsections (a) and (c)-(f) filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4).
3. New subsection (g) 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 19801, 19811, 19823, 19824, 19840, 19841, 19869, 19893 and 19951, Business and Professions Code. Reference: Sections 19859, 19867, 19869, 19880, 19881, 19890, 19891, 19912, 19951 and 19984, Business and Professions Code.

1. Renumbering of former section 12047 to new section 12015, including amendment of section and Note, filed 11-25-2014; operative 1/1/2015 (Register 2014, No. 48).
2. Amendment of subsections (a) and (c)-(f) filed 1-22-2020; operative 4/1/2020 (Register 2020, No. 4).
3. New subsection (g) 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).