California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 3 - Programs for Alcohol and Drug Impaired Drivers
Subchapter 2 - Licensure of DUI Programs
Article 6 - Corrective Action
Section 9836 - Administrative Review of Licensing Actions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicants for licensure and licensees may appeal a notice of licensing actions by forwarding a written request for review to the Director, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811. As used in this regulation, "licensing action" means denial of an application, denial of a request for renewal of licensure, denial of a request to open a satellite location, assessment of a civil penalty, or suspension or revocation of licensure.
(b) The written request for review shall be postmarked within 15 working days of receipt of the written notice of licensing action. The written request for review shall:
(c) Failure to submit the written request for review, pursuant to Subsection (b) of this regulation, shall be deemed a waiver of administrative review and the action shall be deemed final.
(d) The Director or the Director's designee shall schedule an informal conference with the licensee, unless the Director or the Director's designee and the licensee agree to settle the matter based upon the information submitted with the request for review. The informal conference shall be scheduled within 15 working days and held within 45 working days of receipt of the request for review.
(e) Failure to schedule the informal conference within 15 working days or hold the informal conference within 45 working days of the receipt of the request shall be deemed a withdrawal of the licensing action by the Department unless the licensee:
(f) The licensee shall have the following rights at the informal conference:
(g) The representatives of the Department who issued the notice of licensing action shall attend the informal conference and present evidence and information, oral or written, in substantiation of the alleged violation.
(h) The conference shall be conducted as an informal proceeding, and shall not be conducted in the manner of a judicial hearing under the Administrative Procedure Act [Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code], and need not be conducted according to the technical rules relating to evidence and witnesses.
(i) Neither the licensee nor the Department shall have the right to subpoena any witness to attend the informal conference. However, both the licensee and the Department may present any witness to present evidence and information on its behalf at the conference.
(j) The proceedings at the informal conference may be recorded by either party on audio tape.
(k) The decision to affirm, modify, or dismiss the notice of licensing action shall be mailed by the Director or the Director's designee to the licensee, postmarked no later than 10 working days from the date of the informal conference. The decision shall state with particularity the reason for affirming, modifying, or dismissing the notice of licensing action. A copy of the decision shall be transmitted to each party of the appeal.
(l) If the licensing action, discussed at the informal conference, was assessed for failure to correct a Class A violation, the decision made at the informal conference shall be deemed final and not subject to further review.
(m) If the licensing action is not a Class A violation the decision from the informal conference shall include a statement from the Director or the Director's designee notifying the licensee of the right of further administrative appeal to the decision made at the informal conference. A hearing may be requested in accordance with Chapter 5 (commencing with Section 11500) Part 1, Division 3, Title 2 of the Government Code.
1. Change
without regulatory effect renumbering and amending former section
9836 to section
9852 and former section
9814 to section
9836 filed 4-15-91 pursuant to section
100, title 1, California Code of
Regulations (Register 91, No. 20). For prior history, see Register 82, No.
47.
2. Repealer and new section filed 9-1-2004; operative 10-1-2004
(Register 2004, No. 36).
3. Amendment of subsections (a), (b), (b)(3),
(d)-(e)(2), (m)(1) and (m)(5) filed 3-22-2012; operative 4-21-2012 (Register 2012,
No. 12).
Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34, 11834.36, 11834.37, 11834.45 and 11834.50, Health and Safety Code; and Chapter 5 (commencing with Section 11500), Part 1, Division 3, of Title 2, Government Code.