CannabisAppeals
Section § 26040
This law sets up a Cannabis Control Appeals Panel within California's state government, part of the Business, Consumer Services, and Housing Agency. The panel has five members: one appointed by the Senate Committee on Rules, one by the Speaker of the Assembly, and three by the Governor, who must be from different counties. These members are confirmed by the Senate and get a salary. The appointing authorities can remove panel members.
Section § 26041
This law section explains that the panel is in charge of hiring and managing its staff according to the rules for California state employees. The Executive Director is responsible for providing the resources and administrative support needed for the panel to do its work.
Section § 26042
This law section states that a panel must create rules for handling appeals, which should be similar to existing rules in specific sections of the Business and Professions Code. These new rules need to be established following guidelines from another law called the Administrative Procedure Act.
Section § 26043
If someone is unhappy with a department's decision involving their license, such as being denied, put on probation, fined, or having it suspended or canceled, they can appeal to a panel. This panel will review the case but only within certain limits set by the law. They won't consider new evidence and will focus on whether the department acted beyond its power, followed legal procedures, and made decisions based on solid evidence.
Section § 26044
This law explains what happens if new evidence comes up during an appeal. If evidence couldn't have been found earlier, or was wrongly ignored, the case may get sent back for a second look. If not, the appeal panel will either agree with or overturn the earlier decision. If they overturn it, they can guide how the department should reconsider the case without restricting the department's legal discretion.
Section § 26045
This section outlines how decisions by the department can be reviewed by higher courts in California, specifically the Supreme Court or Court of Appeal. Most courts cannot change or stop these decisions, but someone affected can appeal to these higher courts within 30 days. While the decision is under review, it usually remains in effect unless the court decides otherwise. The procedures for these reviews follow certain rules and the involved parties must be notified. No decision becomes effective during the appeal window period.
Section § 26046
In this law, when a court reviews a case involving this department's decisions, it can only check certain things: whether the department acted within its authority, followed the legal procedures, and made decisions based on solid findings supported by evidence. Also, the court looks at whether any important evidence was missed or wrongfully excluded. However, the court cannot redo the trial or make its own decisions about the evidence.
Section § 26047
This law basically says that when the department makes decisions about facts in a case, those decisions are final and cannot be challenged. This includes all important facts and conclusions. However, during a review, all parties involved can participate. After review, a court can either agree with the department's decision, disagree with it, or send the case back to the department for more consideration.