Cal. Code Regs. Tit. 4, § 12017 - Abandonment of Applications

(a)

(1) At any time before the Bureau report is submitted to the Commission, the Chief of the Bureau may deem an application abandoned based upon the following:

(A) Failure of the applicant to respond to Bureau inquiries; or,

(B) Notice by the applicant or his, her, or its designated agent on the applicant's behalf that the application is no longer being pursued because, for example, the applicant is deceased or no longer employed in a capacity that requires Commission consideration.

(2) If an application has been deemed abandoned, a notice of abandonment will be sent to the applicant or his, her or its designated agent, with a copy to the Commission, stating the reasons for abandonment of the application and that the Bureau will consider the application abandoned unless the applicant contacts the Bureau within 30 calendar days from the date of the notice.

(b)

(1) At any time after the Bureau report is submitted to the Commission and the Bureau either recommended approval or made no recommendation, the Executive Director may deem an application abandoned based upon the following:

(A) Information related to abandonment provided to the Commission as a result of the Bureau's background investigation;

(B) Failure of the applicant to respond to Bureau or Commission inquiries; or,

(C) Notice by the applicant or his, her or its designated agent that the application is no longer being pursued.

(2) If an application has been deemed abandoned, a notice of abandonment will be sent to the applicant, pursuant to Section 12006, with a copy to the Bureau, stating the reasons for abandonment of the application and that the Commission will consider the application abandoned unless the applicant contacts the Commission within 30 calendar days from the date of the notice.

(c) At any time after the Bureau report is submitted to the Commission, the Commission may deem an application abandoned at its discretion, pursuant to Section 12054 after taking into consideration those criteria listed under subparagraphs (A) through (C), inclusive, of paragraph (1) of subsection (b).

(d) Upon abandonment of an application, a refund of any unused portion of a background investigation deposit will be made.

(e) An applicant who has his, her, or its application deemed abandoned will not have a right to an evidentiary hearing pursuant to Section 12056.

(f) If an application is deemed abandoned, any temporary or interim license issued to the applicant will be cancelled by the Executive Director. If the abandonment was pursuant to subsection (a) of Section 12017, the Bureau must provide notification to the Commission at the conclusion of the 30 calendar day notice period if no response has been received from the applicant.

Notes

Cal. Code Regs. Tit. 4, § 12017

1. Renumbering and amendment of former section 12048 to new section 12017 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).
3. New subsection (f) 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.

Note: Authority cited: Sections 19811, 19823, 19824, 19840, 19841, 19893 and 19951, Business and Professions Code. Reference: Sections 19859, 19867, 19869, 19880, 19881, 19890, 19891 and 19951, Business and Professions Code.

1. Renumbering and amendment of former section 12048 to new section 12017 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).
3. New subsection (f) 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.