Cal. Code Regs. tit. 11, § 4159
Notice of Revocation or Notice of Denial of Renewal.
Register 2021, No. 50Authority cited: Sections 18900, 18905, 18910, 32650, 32700, 32705, 32710, 32715, 32720, 33300 and 33315, Penal Code. Reference: Sections 18900, 18905, 18910, 32650, 32700, 32705, 32710, 32715, 32720, 33300 and 33315, Penal Code.State of California
- (a) The DOJ shall provide the licensee/permittee with a Notice of Intent to Revoke which shall specify all causes on which the revocation is based. Notice shall be provided by personal service, certified or registered mail.
- (b) A licensee/permittee who has been served with a Notice of Intent to Revoke or a Notice of Intent to Deny a Renewal may file, within 30 days, a written answer to the notice, which answer shall be deemed a denial of all of the allegations in the notice not expressly admitted.
- (c) A licensee/permittee may request a hearing in their answer to the notice or no later than 60 days from the date of Notice of Revocation or Notice of Denial of Renewal. If a hearing is requested, the DOJ shall take no revocation action until completion of hearing proceedings pursuant to section 4163 of these regulations.
- (d) Failure to make a written request for a hearing within the time period specified in subdivision (b) constitutes a waiver of the right to a hearing.
- (e) If the licensee/permittee fails to answer within the time specified in subdivision (b) or, after answer, withdraws the appeal, the action taken by the DOJ shall be final.
- (f) Notwithstanding subdivision (c), the DOJ shall take immediate action to revoke any license or permit when there is reason to believe that public safety may be endangered if the licensee/permittee were to retain the license/permit.
Note: Authority cited: Sections 18900, 18905, 18910, 32650, 32700, 32705, 32710, 32715, 32720, 33300 and 33315, Penal Code. Reference: Sections 18900, 18905, 18910, 32650, 32700, 32705, 32710, 32715, 32720, 33300 and 33315, Penal Code.
History
1. Change without regulatory effect adopting new article 11 heading (sections 4159-4163) and renumbering former section 4149 to new section 4159 filed 1-28-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 5).
2. Change without regulatory effect amending subsections (c) and (e) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).