§ 389. Appeal Procedures.

(a) A person who wishes to appeal either a fine issued pursuant to Section 18843 of the code or a temporary suspension issued pursuant to Section 18842 of the code, shall send a written request for a hearing on a form prescribed by the commission. The request shall be sent to the commission's headquarters and to the Office of the Attorney General at the address designated on the form. The form shall contain all of the following information:

(1) The person's name, address, telephone number, e-mail address if available.

(2) The date of the request.

(3) Type of license held and license number.

(4) A detailed statement showing grounds for reduction or dismissal of the fine or suspension, as applicable.

(5) A statement whether the requester is represented by an attorney. If the requester is represented by an attorney, the name, address, telephone number and e-mail address of the attorney.

(6) Whether the services of an interpreter are required and if so, for which language.

(7) The requester's signature.

The commission shall return to the requester without action any request that is incomplete because it lacks one or more of the items described above.

(b) Within 30 days after receipt of a complete request, the commission shall set the matter for hearing.

(c) A hearing shall not exceed one (1) hour. The time shall be divided evenly between the requester and the commission representative ( “the parties”). Each party may make either an oral or a written statement of the case. The commission representative shall proceed first. If the requester elects to address the commission, the requester shall be placed under oath. The sequence of, and time limitations on, argument before the commission are as follows:

(1) First-the staff representative and/or deputy attorney general, who shall be limited to twenty minutes.

(2) Second-the requester and/or his or her legal counsel, who shall be limited to twenty minutes.

(3) Third-the rebuttal of the staff representative and/or deputy attorney general, which shall be limited to ten minutes.

(4) Fourth-the rebuttal of the requester and/or his or her legal counsel, which shall be limited to ten minutes.

(d) The commission staff bears the burden of proving his or her case by a preponderance of the evidence.

(e) The commission shall serve the written decision on the parties not later than forty-five (45) calendar days after the matter has been submitted. The decision shall contain factual findings, legal conclusions, and an order describing the action taken by the commission at a duly noticed meeting.

(f) A request for hearing shall be deemed abandoned and the request dismissed if the party who appealed and requested a hearing fails to appear at a duly noticed meeting, unless the party demonstrates good cause for that failure to appear.

HISTORY

1. New section filed 4-6-2009; operative 4-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 15).

Note

Note: Authority cited: Section 18611, Business and Professions Code. Reference: Sections 18842 and 18843, Business and Professions Code.