Cal. Code Regs. Tit. 4, § 12035 - Issuance of Interim Renewal Licenses

(a) The Commission will issue an interim renewal license to an applicant for renewal of a license, work permit, finding of suitability, or other approval no later than when their existing license, work permit, finding of suitability, or other approval expires and:

(1) The Commission has elected to hold an evidentiary hearing pursuant to paragraph (4) of subsection (a) of Section 12054;

(2) The Executive Director determines, pursuant to subsection (a) of Section 12060, that it is appropriate for the application to be considered at a GCA hearing; or,

(3) An accusation is pending pursuant to Business and Professions Code section 19930 and under Chapter 10 of this division.

(4) The Commission has elected to issue a renewal license, work permit, finding of suitability, or other approval with conditions, restrictions, or limitations pursuant to paragraph (2) of subsection (a) of Section 12054.

(5) The Commission has elected to deny an application for a renewal license, work permit, or finding of suitability, or other approval pursuant to paragraph (3) of subsection (a) of Section 12054.

(b) The Commission will issue a new interim renewal license if the hearing process has not been, or will not be, concluded by the expiration date of the current interim renewal license and the interim renewal license holder submits the items identified in paragraphs (1) and (2):

(1) A completed application of the same type as the application pending evidentiary hearing to the Bureau with the appropriate:

(A) Form;

(B) Renewal timeframe;

(C) Fees and costs;

(D) Supplemental forms if required; and

(E) Related requirements.

(2) An update to the Commission, in coordination where possible with the complainant as specified under subsection (a) of Section 12056, on the status of the hearing and provide a justification for the delay in concluding the hearing during the term of the first interim renewal license period.

(3) Failure to provide a justification for the delay supported by good cause under paragraph (2) may result in the Commission, in the interests of justice and judicial economy, setting a time for a GCA hearing, including retracting an application referred to an APA hearing and referring it to a GCA hearing pursuant to paragraph (4) of subsection (a) of Section 12054.

(c) The following conditions apply to all interim renewal licenses issued under subsection (a):

(1) An interim renewal license will be issued with the same conditions, limitations, or restrictions, if any, that existed for the previous license, except for any condition that by Commission decision has been determined to be satisfied and no longer applicable. This paragraph does not preclude the Commission from applying additional conditions through a separate GCA hearing or with the consent of the applicant.

(2) An interim renewal license will be valid for a period of two years from the date the previous license, work permit, or other approval involving a finding of suitability, as well as an interim renewal license, expires, or until a decision is final under Section 12066, whichever is earlier, and is not subject to renewal.

(3) The holder of an interim renewal license must pay all applicable annual fees associated with that license.

(d) The issue date of the most recently granted interim renewal license will serve as the issue date for any initial or renewal license, work permit, or other approval granted thereafter.

(e) The issuance of an interim renewal license does not limit or impair, and is without prejudice to, any exercise of the discretion vested in the Commission with respect to the license at issue in the hearing process.

(f) The issuance of an interim renewal license is without prejudice to the Bureau's prosecution of an accusation and has no preclusive effect on any ground for discipline that may exist against the licensee, whether or not presented in an accusation.

Notes

Cal. Code Regs. Tit. 4, § 12035

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).
3. Amendment of subsection (d) 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 (a)(1), new subsections (a)(4)-(5) and amendment of subsection (b)(3) filed 2-8-2022; operative 4-1-2022 (Register 2022, No. 6).

Note: Authority cited: Sections 19811, 19823, 19824, 19840, 19841, 19893 and 19951, Business and Professions Code. Reference: Sections 19859, 19867, 19869, 19876, 19880, 19881, 19890, 19891 and 19951, Business and Professions 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).
3. Amendment of subsection (d) 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 (a)(1), new subsections (a)(4)-(5) and amendment of subsection (b)(3) filed 2-8-2022; operative 4/1/2022 (Register 2022, No. 6).