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Let’s take a minute to debate CSLB Application Denials and the Appeals Process. It is a boring topic I do know, nevertheless it’s good data to have if you end up caught in the AIU vortex.
In case your software is denied by the Application Investigation Unit, Part 485 kicks in.
§ 485. Process upon denial
Upon denial of an software for a license beneath this chapter or Part 496, the board shall do both of the following:
- (a) File and serve a press release of points in accordance with Chapter 5 (commencing with Part 11500) of Half 1 of Division 3 of Title 2 of the Authorities Code.
- (b) Notify the applicant that the software is denied, stating (1) the cause for the denial, and (2) that the applicant has the proper to a listening to beneath Chapter 5 (commencing with Part 11500) of Half 1 of Division 3 of Title 2 of the Authorities Code if written request for listening to is made inside 60 days after service of the discover of denial. Until written request for listening to is made inside the 60-day interval, the applicant’s proper to a listening to is deemed waived. Service of the discover of denial could also be made in the method approved for service of summons in civil actions, or by registered mail addressed to the applicant at the newest tackle filed by the applicant in writing with the board in his or her software or in any other case. Service by mail is full on the date of mailing.
Added Stats 1972 ch 903 § 1. Amended Stats 1997 ch 758 §
The important thing right here is that 60 day deadline to file your attraction request. I might counsel submitting your attraction as quickly as attainable to get the attraction course of began.
From right here Part 487 applies and it outlines the Listening to course of.
§ 487. Listening to; Time
If a listening to is requested by the applicant, the board shall conduct such listening to inside 90 days from the date the listening to is requested except the applicant shall request or agree in writing to a postponement or continuance of the listening to. However the above, the Workplace of Administrative Hearings could order, or on a displaying of fine trigger, grant a request for, as much as 45 extra days inside which to conduct a listening to, besides in instances involving alleged examination or licensing fraud, by which instances the interval could also be as much as 180 days. In no case shall greater than two such orders be made or requests be granted.
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 10; Stats 1986 ch 220 § 1, efficient June 30, 1986.
The vital half on this part is that the listening to shall be performed inside 90 days of the listening to being requested. Until you, the applicant, request or conform to a continuance. I would not conform to a continuance as a result of I would not need to give the board the capability to delay the course of any additional. If the OAH grants a request for extension, you are caught with it. The CSLB likes to say that the course of can take 4-6 months, however I believe this can be a scare tactic. Part 487 suggests {that a} listening to might happen in as little as 3 months.
After a listening to request is submitted, Part 488 is available in to play.
§ 488. Listening to request
Besides as in any other case supplied by regulation, following a listening to requested by an applicant pursuant to subdivision (b) of Part 485, the board could take any of the following actions:
- (a) Grant the license efficient upon completion of all licensing necessities by the applicant.
- (b) Grant the license efficient upon completion of all licensing necessities by the applicant, instantly revoke the license, keep the revocation, and impose probationary situations on the license, which can embody suspension.
- (c) Deny the license.
- (d) Take different motion in relation to denying or granting the license as the board in its discretion could deem correct.
Added Stats 2000 ch 568 § 2 (AB 2888).
This one is fascinating due to merchandise (c). This implies that the CSLB might deny the license… once more. What’s curious is that it was a denial that led you down the attraction/listening to path in the first place.
So there you may have it, some fascinating info about CSLB software denials and the appeals course of.
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