AdministrationAppeals From Decisions of the Department
Section § 23080
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.
Section § 23081
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.
Section § 23081.5
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.
Section § 23082
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.
Section § 23083
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.
Section § 23083.5
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.
Section § 23084
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.
Section § 23085
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.
Section § 23086
Section § 23087
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.
Section § 23088
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.
Section § 23089
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.