Cal. Code Regs. Tit. 4, § 12066 - Final Decisions; Judicial Review

(a) A withdrawal or abandonment decision is final:

(1) 30 calendar days after the date of notice of abandonment pursuant to either paragraph (2) of subsection (a) or paragraph (2) of subsection (b) of Section 12017 if not repealed by the issuing agency.

(2) Upon approval by the Commission pursuant to paragraph (7) of subsection (a) of Section 12054 or the making of a finding of abandonment pursuant to paragraph (8) of subsection (a) of Section 12054.

(b) A Commission decision is final

(1) Upon the effective date specified in the decision or 30 calendar days after service of the decision if no effective date is specified, and if reconsideration under Section 12064 has not been requested; or,

(2) If a request for reconsideration has been granted under Section 12064, immediately upon the Commission's re-issuing its decision or the date specified in the decision upon issuance of a reconsidered decision.

(3) If a request for reconsideration has been denied under Section 12064,

(A) Immediately upon the denial of the request; or,

(B) Upon the expiration of any stay granted pursuant to subsection (g) of Section 12064.

(4) If the Commission approved an application with conditions, restrictions, or limitations pursuant to paragraph (2) of subsection (a) of Section 12054 or denied an application pursuant to paragraph (3) of subsection (a) of Section 12054, then either, upon the Commission's receipt of a Notice of Defense, CGCC-CH1-03 that indicates the waiving of the right to an evidentiary hearing or after 30 calendar days has passed immediately following the approval with conditions, restrictions, or limitations, or the denial.

(c) A decision of the Commission denying an application or imposing conditions or restrictions on a license after an evidentiary hearing will be subject to judicial review as provided in Business and Professions Code section 19870, subdivision (e). Neither the right to petition for judicial review nor the time for filing the petition will be affected by failure to seek reconsideration.

Notes

Cal. Code Regs. Tit. 4, § 12066

1. New section filed 11-25-2014; operative 1-1-2015 (Register 2014, No. 48).
2. Amendment of subsection (b)(2), new subsections (b)(3)-(b)(3)(B) and amendment of subsection (c) filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4).
3. Amendment of subsection (a)(2), new subsection (b)(4) and amendment of subsection (c) 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 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 of subsection (b)(2), new subsections (b)(3)-(b)(3)(B) and amendment of subsection (c) filed 1-22-2020; operative 4/1/2020 (Register 2020, No. 4).
3. Amendment of subsection (a)(2), new subsection (b)(4) and amendment of subsection (c) filed 2-8-2022; operative 4/1/2022 (Register 2022, No. 6).