Section § 26040

Explanation

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.

(a)Copy CA Business & Professions Code § 26040(a)
(1)Copy CA Business & Professions Code § 26040(a)(1) There is established in state government, in the Business, Consumer Services, and Housing Agency, a Cannabis Control Appeals Panel which shall consist of the following members:
(A)CA Business & Professions Code § 26040(a)(1)(A) One member appointed by the Senate Committee on Rules.
(B)CA Business & Professions Code § 26040(a)(1)(B) One member appointed by the Speaker of the Assembly.
(C)CA Business & Professions Code § 26040(a)(1)(C) Three members appointed by the Governor and subject to confirmation by a majority vote of all of the members elected to the Senate.
(2)CA Business & Professions Code § 26040(a)(2) Each member appointed by the Governor, at the time of their initial appointment, shall be a resident of a different county from the one in which either of the other members appointed by the Governor resides. Members of the panel shall receive an annual salary as provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)CA Business & Professions Code § 26040(b) The members of the panel may be removed from office by their appointing authority.

Section § 26041

Explanation

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.

All personnel of the panel shall be appointed, employed, directed, and controlled by the panel consistent with state civil service requirements. The Executive Director of the panel shall furnish the equipment, supplies, and housing necessary for the authorized activities of the panel and shall perform such other mechanics of administration as determined by the panel.

Section § 26042

Explanation

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.

The panel shall adopt procedures for appeals similar to the procedures used in Article 3 (commencing with Section 23075) and Article 4 (commencing with Section 23080) of Chapter 1.5 of Division 9 of the Business and Professions Code. Such procedures shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Section § 26043

Explanation

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.

(a)CA Business & Professions Code § 26043(a) After proceedings pursuant to Section 26031, 26031.5, or 26058 or Chapter 2 (commencing with Section 480) or Chapter 3 (commencing with Section 490) of Division 1.5, any person aggrieved by the decision of the department denying the person’s application for any license, denying the person’s renewal of any license, placing any license on probation, imposing any condition on any license, imposing any fine on any license or licensee, assessing any penalty on any license, or canceling, suspending, revoking, or otherwise disciplining any license as provided for under this division, may appeal the department’s written decision to the panel.
(b)CA Business & Professions Code § 26043(b) The panel shall review the decision subject to such limitations as may be imposed by the Legislature. In such cases, the panel shall not receive evidence in addition to that considered by the department.
(c)CA Business & Professions Code § 26043(c) Review by the panel of a decision of the department shall be limited to the following questions:
(1)CA Business & Professions Code § 26043(c)(1) Whether the department has proceeded without or in excess of its jurisdiction.
(2)CA Business & Professions Code § 26043(c)(2) Whether the department has proceeded in the manner required by law.
(3)CA Business & Professions Code § 26043(c)(3) Whether the decision is supported by the findings.
(4)CA Business & Professions Code § 26043(c)(4) Whether the findings are supported by substantial evidence in the light of the whole record.

Section § 26044

Explanation

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.

(a)CA Business & Professions Code § 26044(a) In appeals where the panel 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 that evidence.
(b)CA Business & Professions Code § 26044(b) Except as provided in subdivision (a), in all appeals, the panel shall enter an order either affirming or reversing the decision of the department. When the order reverses the decision of the department, the panel 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 § 26045

Explanation

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.

(a)CA Business & Professions Code § 26045(a) No court of this state, except the Supreme Court and the courts of appeal to the extent specified in this chapter, shall have jurisdiction to review, affirm, reverse, correct, or annul any order, rule, or decision of the department or to suspend, stay, or delay the operation or execution thereof, or to restrain, enjoin, or interfere with the department in the performance of its duties, but a writ of mandate shall lie from the Supreme Court or the courts of appeal in any proper case.
(b)CA Business & Professions Code § 26045(b) Any person affected by a final order of the panel, including the department, may apply to the Supreme Court or to the court of appeal for the appellate district in which the proceeding arose, for a writ of review of that final order.
(c)CA Business & Professions Code § 26045(c) The application for writ of review shall be made within 30 days after filing of the final order.
(d)CA Business & Professions Code § 26045(d) The provisions of the Code of Civil Procedure relating to writs of review shall, insofar as applicable, apply to proceedings in the courts as provided by this chapter. A copy of every pleading filed pursuant to this chapter shall be served on the panel, the department, and on each party who entered an appearance before the panel.
(e)CA Business & Professions Code § 26045(e) No decision of the department that has been appealed to the panel and no final order of the panel shall become effective during the period in which application may be made for a writ of review, as provided by subdivision (c).
(f)CA Business & Professions Code § 26045(f) The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, or decision of the department, but the court before which the petition is filed may stay or suspend, in whole or in part, the operation of the order, rule, or decision of the department subject to review, upon the terms and conditions which it by order directs.

Section § 26046

Explanation

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.

(a)CA Business & Professions Code § 26046(a) The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the panel, whether:
(1)CA Business & Professions Code § 26046(a)(1) The department has proceeded without or in excess of its jurisdiction.
(2)CA Business & Professions Code § 26046(a)(2) The department has proceeded in the manner required by law.
(3)CA Business & Professions Code § 26046(a)(3) The decision of the department is supported by the findings.
(4)CA Business & Professions Code § 26046(a)(4) The findings in the department’s decision are supported by substantial evidence in the light of the whole record.
(5)CA Business & Professions Code § 26046(a)(5) 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.
(b)CA Business & Professions Code § 26046(b) Nothing in this chapter shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence.

Section § 26047

Explanation

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.

The findings and conclusions of the department on questions of fact are conclusive and final and are not subject to review. Those questions of fact shall include ultimate facts and the findings and conclusions of the department. The panel, the department, and each party to the action or proceeding before the panel shall have the right to appear in the review proceeding. Following the hearing, the court shall enter judgment either affirming or reversing the decision of the department, or the court may remand the case for further proceedings before or reconsideration by the department.