Cal. Code Regs. Tit. 4, § 12064 - Requests for Reconsideration

(a) After the Commission issues a decision following a GCA hearing conducted pursuant to Section 12060, an applicant denied a license, permit, registration, or finding of suitability, or whose license, permit, registration, or finding of suitability has had conditions, restrictions, or limitations imposed upon it, may request reconsideration by the Commission. A request for reconsideration must be:

(1) Made in writing to the Commission, copied to the complainant. The Bureau may provide a written response to the Commission within 10 calendar days of receipt of the request; and,

(2) Received by the Commission and complainant within 30 calendar days of service of the decision, or before the effective date specified in the decision, whichever is earlier.

(b) A request for reconsideration must state the reasons for the request, which must be based upon either:

(1) Newly discovered evidence or legal authorities that could not reasonably have been presented before the Commission's issuance of the decision or at the hearing on the matter; or,

(2) Other good cause which the Commission may decide, in its sole discretion, merits reconsideration.

(c) The Commission will place the request on the Commission's agenda within 60 calendar days of its receipt. The applicant and complainant will be given at least 10 calendar days' advance written notice, pursuant to Section 12006, of the date and time of the Commission meeting at which the request will be heard. The applicant and complainant, whether present at that meeting or not, will be notified in writing of the Commission's decision on the request within 10 calendar days following the meeting pursuant to Section 12006.

(d) The effective date of the decision will be stayed while the request is under review by the Commission.

(e) The granting or denial of reconsideration under this section will be at the sole discretion of the Commission.

(f) When the Commission grants reconsideration, the decision is stayed pending further action on the application, including but not limited to affirming its decision, or vacating the initial decision and issuing a reconsidered decision.

(g) The Commission may stay the effective date of the decision for a period it deems appropriate when the Commission denies a request for reconsideration.

Notes

Cal. Code Regs. Tit. 4, § 12064

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).

Note: Authority cited: Sections 19811, 19823, 19824, 19840 and 19841, Business and Professions Code. Reference: Sections 19823, 19824, 19825, 19870, 19871 and 19876, Business and Professions Code; and Section 11521, Government 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).