Cal. Code Regs. Tit. 4, § 12057 - Default Decisions and Uncontested Applications

(a) When an applicant fails to submit a completed Notice of Defense, CGCC-CH1-03 according to the timelines on the form, affirmatively waives his, her, or its right to an evidentiary hearing, or fails to appear at an evidentiary hearing, the Commission will, based on the interests of justice and judicial economy:

(1) Issue a default decision after the consideration of the Bureau report, any supplemental reports by the Bureau, and any other documents or testimony provided or which may be provided to the Commission before the decision is issued;

(2) Hold a GCA hearing without applicant participation;

(3) When an applicant fails to appear at an evidentiary hearing, reschedule any GCA hearing on the applicant's application;

(4) Act on the application as identified in subsection (a) of Section 12054 or,

(5) Finalize the decision pursuant to paragraph (4) of subsection (b) of Section 12066.

(b) Notice of consideration of a default decision or a hearing without applicant participation under subsections (b) and (c) need not comply with the 60 or 90 day notice provisions of Section 12060, subsections (a) and (b).

(c) A default decision may be considered and approved at a Section 12054 meeting or at a GCA hearing.

(d) Default decisions may be reconsidered in accordance with Section 12064 regardless of whether the decision was considered at a Section 12054 meeting or at an evidentiary hearing.

Notes

Cal. Code Regs. Tit. 4, § 12057

1. New section filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4).
2. New subsection (a) 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.
3. Change without regulatory effect amending NOTE filed 3-16-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 12).
4. Amendment of subsection (a) filed 1-11-2022; operative 4-1-2022 (Register 2022, No. 2).
5. Amendment of subsections (a) and (a)(3)-(4) and new subsection (a)(5) filed 2-8-2022; operative 4-1-2022 (Register 2022, No. 6).

Note: Authority cited: Sections 19811, 19823, 19824, 19840 and 19841, Business and Professions Code. Reference: Sections 19816, 19823, 19824, 19824.5, 19825, 19856, 19868, 19870, 19871 and 19876, Business and Professions Code; and Section 11512, Government Code.

1. New section filed 1-22-2020; operative 4/1/2020 (Register 2020, No. 4).
2. New subsection (a) 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.
3. Change without regulatory effect amending NOTE filed 3-16-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 12).
4. Amendment of subsection (a) filed 1-11-2022; operative 4/1/2022 (Register 2022, No. 2).
5. Amendment of subsections (a) and (a)(3)-(4) and new subsection (a)(5) filed 2-8-2022; operative 4/1/2022 (Register 2022, No. 6).