California Code of Regulations
Title 4 - Business Regulations
Division 1.1 - Alcoholic Beverage Control Appeals Board
Article 5 - Oral Argument
Section 196 - Hearing
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) After the Record of Appeal is filed with the Board, the Board shall set a hearing date and time, and serve notice to all parties.
(b) Any party wishing to present oral argument before the Board shall notify the Board and all parties in writing at least 21 days before the scheduled hearing date. Failure to timely request oral argument shall result in submission of the appeal on the pleadings. However, failure to timely request oral argument does not preclude a party from seeking a continuance of the hearing in accordance with subsections (d) and (e).
(c) Notwithstanding subsection (b), the Board may direct for oral argument to be conducted on the appeal even if no party requests it. If oral argument is directed by the Board, a separate notice shall be sent by the Board to all parties.
(d) A party seeking a continuance of the hearing shall first attempt to stipulate to an alternative hearing date with all other parties to the appeal, and then make a request to the Board to reschedule. If any other party will not stipulate to continuance, the requesting party can submit a request to the Board to continue the hearing. A party may object to the continuance request within five days of such request.
(e) Requests by any party for a continuance of oral argument may be granted by the Board, or its executive director if so authorized, without a hearing and upon a showing of good cause.
1. New section filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 23).
Note: Authority cited: Section 23077, Business and Professions Code; and Article XX, Section 22, California Constitution. Reference: Sections 23081 and 23083, Business and Professions Code; and Article XX, Section 22, California Constitution.