California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 43 - Cannabis Control Appeals Panel
Article 3 - Record on Appeal
Section 6004 - Submitting the Record

Universal Citation: 16 CA Code of Regs 6004

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) From the date the Notice of Appeal is submitted to the Panel, the appellant shall have 60 days to obtain the complete underlying administrative record from the Office of Administrative Hearings, pursuant to title 1, CCR, section 1038, or if an informal or emergency hearing was conducted by the licensing authority pursuant to Government Code section 11445.10, obtain the complete underlying administrative record from the licensing authority, and submit the original hardcopy and one electronic version to the Panel at its Sacramento office. Failure to submit a complete administrative record within the time set forth in this subsection may result in dismissal of the matter pursuant to section 6011.

(1) Notwithstanding the foregoing, if all parties to the appeal so stipulate in writing, and the Panel approves, the appellant may submit only those parts of the administrative record relevant to the issue being appealed. In such event, the Panel may still require submission of the complete administrative record at any time during the appeal.

(b) If the underlying administrative hearing was recorded by means other than transcription, the appellant shall arrange to have a certified copy transcribed prior to submission of the administrative record to the Panel. The complete transcript shall be included with the administrative record at the time of submission to the Panel in accordance with subsection (a).

(c) The appellant shall also serve a copy of the complete administrative record upon all parties to the proceeding. Such service shall be made by delivering or mailing a copy of the administrative record to each party or by electronic service in accordance with section 6005, and proof of service shall be submitted to the Panel at the same time the administrative record is submitted pursuant to subsection (a).

(d) An appellant may, for good cause, request an extension of the 60-day limit set forth in subsection (a). Such extensions shall be granted or denied by the Panel in its discretion, or the Panel may delegate this authority to its executive director. Alternatively, all parties may stipulate in writing to one extension of up to 20 days, which shall be granted by the Panel, or its executive director if so authorized, upon notice to the Panel of the stipulation.

1. New article 3 (section 6004) and section filed 4-12-2019; operative 7-1-2019 (Register 2019, No. 15).
2. Amendment of subsection (a) filed 4-5-2022; operative 7-1-2022 (Register 2022, No. 14).

Note: Authority cited: Section 26042, Business and Professions Code. Reference: Sections 26042 and 26043, Business and Professions Code.

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