Section 12052 - Commission Meetings; General Procedures; Scope; Notice; Rescheduling of Meeting(a) Nothing in this article is intended to limit the manner in which the Commission reviews an application, or otherwise limit its authority or discretion under the Act.(b) This article does not apply to accusations brought under Business and Professions Code section 19930, subdivision (b) to revoke, suspend, or discipline a license, registration, permit, finding of suitability, renewal or other approval under the Act or a matter proceeding pursuant to Chapter 10 of this division.(c) An applicant for any license, permit, finding of suitability, renewal, or other approval will be given notice of the meeting at which the application is scheduled to be heard. Notice will be given pursuant to Section 12006. (1) If the application is scheduled at a Commission meeting under Section 12054, the notice will be provided at least 10 calendar days prior to the meeting date and will inform the applicant of the following: (A) That the applicant will be afforded the opportunity to: 1. Address the Commission by way of an oral statement, written statement, or both; and,2. Submit documents in support of the application; however, documents which are not received by the Commission and Bureau with sufficient time for consideration may result in the documents not being considered or the consideration of the application being continued, at the Commission's discretion. Less than 72 hours in advance of the noticed meeting's scheduled start time is presumed to be insufficient time for consideration.(B) That the application may be rescheduled for consideration at an evidentiary hearing pursuant to Section 12058, by Commission action.(2) If the application is to be scheduled at an evidentiary hearing, pursuant to subsections (a) or (b) of Section 12060, the notice of hearing will inform the applicant of the following: (A) The date, time and location of the evidentiary hearing at which the application is scheduled to be heard;(B) The date, time and location of the pre-hearing conference, pursuant to paragraph (1) of subsection (h) of Section 12060;(C) The individual assigned, pursuant to subsection (d) of Section 12060, as the presiding officer and his or her contact information;(D) That the applicant will be afforded the opportunity to: 1. Address the Commission by way of an oral statement, written statement, or both;2. Submit documents in support of the application;3. Call, examine, cross-examine and impeach witnesses; and,4. Offer rebuttal evidence.(E) That a Notice of Defense, CGCC-CH1-03 (Rev. 09/21), which is attached in Appendix A to this chapter, will be included unless already provided by Commission staff or the Bureau.(F) That the waiver of an evidentiary hearing, or failure of the applicant to submit a Notice of Defense, or failure by the applicant to appear at the evidentiary hearing, may result in a default decision or a hearing without applicant participation in accordance with Section 12057.(d) Any application for a license, work permit, registration, or other approval involving a finding of suitability scheduled for Commission consideration at a noticed public meeting may be rescheduled for a later public meeting by the Executive Director, prior to the meeting, or by the Commission at the meeting, provided that in the case of renewal applications, the Commission must act before the license expires.Cal. Code Regs. Tit. 4, § 12052
1. New section filed 11-25-2014; operative 1-1-2015 (Register 2014, No. 48).
2. Amendment of section heading and section filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4).
3. Amendment of subsection (c)(2)(E) filed 12-12-2020; operative 1-1-2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
4. Amendment of subsections (c)(2)(B)-(C) and (c)(2)(E) filed 1-11-2022; operative 4-1-2022 (Register 2022, No. 2).
5. Amendment of subsection (c)(1), repealer of subsection (c)(1)(C) and amendment of subsection (c)(2)(E) filed 2-8-2022; operative 4-1-2022 (Register 2022, No. 6).
6. Amendment of subsection (c)(2)(B) filed 5-16-2023; operative 7-1-2023 (Register 2023, No. 20). Note: Authority cited: Sections 19811, 19823, 19824, 19840 and 19841, Business and Professions Code. Reference: Sections 19816, 19823, 19824, 19856, 19870, 19871, 19876 and 19930, Business and Professions Code.
1. New section filed 11-25-2014; operative 1/1/2015 (Register 2014, No. 48).
2. Amendment of section heading and section filed 1-22-2020; operative 4/1/2020 (Register 2020, No. 4).
3. Amendment of subsection (c)(2)(E) filed 12-12-2020; operative 1/1/2021 pursuant to Government Code section 11343.4(b) (Register 2020, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
4. Amendment of subsections (c)(2)(B)-(C) and (c)(2)(E) filed 1-11-2022; operative 4/1/2022 (Register 2022, No. 2).
5. Amendment of subsection (c)(1), repealer of subsection (c)(1)(C) and amendment of subsection (c)(2)(E) filed 2-8-2022; operative 4/1/2022 (Register 2022, No. 6).
6. Amendment of subsection (c)(2)(B) filed 5-16-2023; operative 7/1/2023 (Register 2023, No. 20).