Section § 23080

Explanation

This law section explains what is meant by a 'decision' when the department makes a final call. It refers to decisions that change a license or impose penalties, especially ones that can be challenged and appealed. However, it doesn't cover emergency decisions made for temporary relief.

As used in this article, “decision” when used in reference to the department means any final determination of the department imposing a penalty assessment or affecting a license which may be appealed to the board under Section 22 of Article XX of the California Constitution, and does not include any emergency decision for temporary, interim relief issued pursuant to the authority conferred to the department pursuant to Section 11460.10 of the Government Code.

Section § 23081

Explanation

If you're unhappy with a final decision made by the department, you have until ten days after the decision's reconsideration period ends to appeal it. Your appeal needs to be written, include reasons for the review, and be sent to everyone involved, including the department. Missing a chance to ask the department to reconsider doesn't stop you from appealing.

On or before the tenth day after the last day on which reconsideration of a final decision of the department can be ordered, any party aggrieved by a final decision of the department may file an appeal with the board from such decision. The appeal shall be in writing and shall state the grounds upon which a review is sought. A copy of the appeal shall be served by the appellant to each party who appeared in the proceeding before the department, including the department which shall thereafter be treated in all respects as a party to the appeal. The right to appeal shall not be affected by failure to seek reconsideration before the department.

Section § 23081.5

Explanation

If you're appealing a decision to the board, the date your appeal is considered officially filed is when the board receives it, either by email or by regular mail. However, if you mail it using registered mail through the United States Post Office, it's counted as filed on the date you registered it with them.

An appeal to the board shall be deemed filed on the date it is received by the board electronically or by mail to the principal office; provided, however, an appeal mailed to the board by means of registered mail shall be deemed filed with the board on the date of the registry with the United States Post Office.

Section § 23082

Explanation

If a decision is made by the department, it won't take effect while there's a window to file an appeal. Additionally, if an appeal is filed, it puts the decision on hold until the board makes a final order.

No decision of the department shall become effective during the period in which an appeal may be filed and the filing of an appeal shall stay the effect of the decision until such time as a final order is made by the board.

Section § 23083

Explanation

The board will decide appeals based on the existing record from the department and any briefs the parties submit. If anyone involved asks for an oral argument, the board will set a time for it, but they won't consider new evidence outside the existing record. Also, certain procedural rules from the Government Code don't apply to how these decisions are made.

(a)CA Business & Professions Code § 23083(a) The board shall determine the appeal upon the record of the department and upon any briefs which may be filed by the parties. If any party to the appeal requests oral argument, the board shall schedule a date and time for argument. The board shall not receive any evidence other than that contained in the record of the proceedings of the department.
(b)CA Business & Professions Code § 23083(b) Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the determination.

Section § 23083.5

Explanation

This law requires a 3% surcharge to be added to certain annual fees collected by the Department on behalf of the Alcoholic Beverage Control Appeals Board. The surcharge is rounded to the nearest $5. The funds collected are placed into a special fund, the Alcoholic Beverage Control Appeals Fund, which is used to cover the board’s operational expenses. The Legislature must approve the use of these funds.

(a)CA Business & Professions Code § 23083.5(a) The department shall collect a 3-percent surcharge on the annual fees provided for in Section 23320 on behalf of the appeals board at the same time the department makes its regular collections of annual fees pursuant to Section 23320. The surcharge shall be rounded to the nearest five dollars ($5) and pay the costs of the appeals board in carrying out its duties.
(b)CA Business & Professions Code § 23083.5(b) All surcharges collected by the department on behalf of the appeals board pursuant to this section shall be deposited in the Alcoholic Beverage Control Appeals Fund, which is hereby created. All moneys in the Alcoholic Beverage Control Appeals Fund shall be available to the appeals board, upon appropriation by the Legislature, to pay the actual costs of the appeals board in carrying out its duties under this chapter.

Section § 23084

Explanation

This law section outlines the specific aspects a board can review when looking at a department's decision. They check if the department overstepped its power, followed the correct legal procedures, and if their decision is backed by solid findings and evidence. Additionally, they consider if any important evidence was missed or wrongly left out during the initial hearing.

The review by the board of a decision of the department shall be limited to the questions:
(a)CA Business & Professions Code § 23084(a) Whether the department has proceeded without, or in excess of, its jurisdiction.
(b)CA Business & Professions Code § 23084(b) Whether the department has proceeded in the manner required by law.
(c)CA Business & Professions Code § 23084(c) Whether the decision is supported by the findings.
(d)CA Business & Professions Code § 23084(d) Whether the findings are supported by substantial evidence in the light of the whole record.
(e)CA Business & Professions Code § 23084(e) Whether there is relevant evidence, which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department.

Section § 23085

Explanation

This law deals with appeals involving a board decision. If the board discovers new evidence that couldn't have been found before, or if evidence was wrongly excluded, they can send the case back to the department to review it again with the new evidence. In other cases, the board will either agree with or overturn the department's decision. If they overturn it, the board can ask the department to reconsider based on their decision or take other actions required by law, but they can't interfere with the department's legal discretion.

In appeals where the board finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department, it may enter an order remanding the matter to the department for reconsideration in the light of such evidence. In all other appeals the board shall enter an order either affirming or reversing the decision of the department. When the order reverses the decision of the department, the board may direct the reconsideration of the matter in the light of its order and may direct the department to take such further action as is specially enjoined upon it by law, but the order shall not limit or control in any way the discretion vested by law in the department.

Section § 23086

Explanation
When an appeal is made to the board, they must make a decision and issue an order within 60 days.
In all cases, the board shall enter its order within 60 days after the appeal is submitted for decision.

Section § 23087

Explanation

If there's a legal dispute between the Department and someone with a license, or someone challenging it, and they come to an agreement, they must inform the court or board. The court or board will then send the issue back to the Department to handle based on that agreement.

Whenever any matter is pending before the board or a court of record involving a dispute between the department and a licensee, petitioner or protestant and the parties to such a dispute agree upon a settlement or adjustment thereof, the tribunal shall upon the stipulation by the parties that such an agreement has been reached, remand the matter to the department.

Section § 23088

Explanation

When the board makes a decision on an appeal from the department's decision, this order must be written and sent to the involved parties by mail, email, or delivered in person. Once these orders are filed, they become final, and the board cannot reconsider or rehear the case.

An order of the board on appeal from a decision of the department shall be in writing and shall be filed by delivering copies to the parties personally or electronically or by mailing copies to them by certified mail. An order shall become final upon being filed as provided herein, and there shall be no reconsideration or rehearing by the board.

Section § 23089

Explanation

If someone wants to challenge a final decision made by the board, they have to go to specific courts mentioned in another part of this law, and they must follow the exact process and timing outlined there.

Final orders of the board may be reviewed by the courts specified in Article 5 (commencing with Section 23090) of this chapter within the time and in the manner therein specified and not otherwise.