reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 1 - Federal and State Low-Income Housing Tax Credit › Section 10357 - Failure to Place Project in Service by December 31st. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-30-88 pursuant to Health and Safety Code section
				  50199.17;
				  operative 12-30-88 (Register 89, No. 2).
2. Repealer filed 7-30-90
				  as an emergency; operative 7-17-90 (Register 90, No. 41). A Certificate of
				  Compliance must be transmitted to OAL by 11-14-90 or emergency language will be
				  repealed by operation of law on the following day. This action is not subject
				  to review by OAL (Health and Safety Code section
				  50199.17).
3.
				  Readoption as an emergency of action originally filed as emergency on 7-30-90
				  filed 11-26-90; operative 11-13-90 (Register 91, No. 4). A Certificate of
				  Compliance must be transmitted to OAL by 3-26-91 or emergency language will be
				  repealed by operation of law on the following day.
4. Readoption of
				  emergency action filed 11-26-90, filed 1-4-91 as an emergency; operative
				  12-18-90 pursuant to Health and Safety Code section
				  50199.17
				  (Register 91, No. 8). The regulation will be repealed by operation of law on
				  4-17-91 unless, before that date the committee has completed the adoption
				  process pursuant to Health and Safety Code section
				  50199.17(b).
5.
				  Readoption of emergency actions and amendment filed 11-26-90 and 1-4-91 as an
				  emergency filed 4-19-91 as an emergency; operative 3-28-91 pursuant to Health
				  and Safety Code section
				  50199.17
				  (Register 91, No. 21). A Certificate of Compliance must be transmitted to OAL
				  on 7-26-91 or emergency language will be repealed by operation of law on the
				  following day.
6. Certificate of Compliance as to 3-28-91 order
				  transmitted to OAL 7-16-91 and filed 8-15-91 pursuant to Health and Safety Code
				  section
				  50199.17(b)
				  (Register 91, No. 48).
7. Editorial correction of NOTE (Register 99,
				  No. 31).
Note: Authority cited: Section
					 50199.17,
					 Health and Safety Code. Reference: Sections
					 17058
					 and
					 23610.5,
					 Revenue and Taxation Code; and Sections
					 50199.7-
					 50199.19,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 1 - Federal and State Low-Income Housing Tax Credit › Section 10358 - Application Fee, Performance Deposit Forfeiture and Appeals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-30-88 pursuant to Health and Safety Code section
				  50199.17;
				  operative 12-30-88 (Register 89, No. 2).
2. Repealer filed 7-30-90
				  as an emergency; operative 7-17-90 (Register 90, No. 41). A Certificate of
				  Compliance must be transmitted to OAL by 11-14-90 or emergency language will be
				  repealed by operation of law on the following day. This action is not subject
				  to review by OAL (Health and Safety Code section
				  50199.17).
3.
				  Readoption as an emergency of action originally filed as emergency on 7-30-90
				  filed 11-26-90; operative 11-13-90 (Register 91, No. 4). A Certificate of
				  Compliance must be transmitted to OAL by 3-26-91 or emergency language will be
				  repealed by operation of law on the following day.
4. Readoption of
				  emergency action filed 11-26-90, filed 1-4-91 as an emergency; operative
				  12-18-90 pursuant to Health and Safety Code section
				  50199.17
				  (Register 91, No. 8). The regulation will be repealed by operation of law on
				  4-17-91 unless, before that date the committee has completed the adoption
				  process pursuant to Health and Safety Code section
				  50199.17(b).
5.
				  Readoption of emergency actions and amendment filed 11-26-90 and 1-4-91 as an
				  emergency filed 4-19-91 as an emergency; operative 3-28-91 pursuant to Health
				  and Safety Code section
				  50199.17
				  (Register 91, No. 21). A Certificate of Compliance must be transmitted to OAL
				  on 7-26-91 or emergency language will be repealed by operation of law on the
				  following day.
6. Certificate of Compliance as to 3-28-91 order
				  transmitted to OAL 7-16-91 and filed 8-15-91 pursuant to Health and Safety Code
				  section
				  50199.17(b)
				  (Register 91, No. 48).
7. Editorial correction of NOTE (Register 99,
				  No. 31).
Note: Authority cited: Section
					 50199.17,
					 Health and Safety Code. Reference: Sections
					 17058
					 and
					 23610.5,
					 Revenue and Taxation Code; and Sections
					 50199.7-
					 50199.19,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 2 - Farm Workers Housing Assistance Program › Section 11000 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The California Health and Safety Code Chapter 3.7 of Part 1
				  of Division 31 commencing with Section
				  50199.50 and California Revenue and
				  Taxation Code Sections
				  17053.14,
				  23608.2
				  and
				  23608.3
				  established the Farmworker Housing Assistance Program and designated the
				  California Tax Credit Allocation Committee as the agency to administer the
				  program and promulgate rules and regulations, policies and procedures governing
				  the Committee's management of the program. These regulations establish
				  procedures for the reservation, allocation and compliance monitoring of the
				  Farmworker Housing Assistance Program. In the event that the California
				  Legislature, or the California Franchise Tax Board adds or changes any
				  statutory or regulatory requirements concerning the use or management of the
				  program, participants shall comply with such requirements.
1. New chapter
				  2 (sections
				  11000-11008) and section filed
				  9-29-98; operative 9-29-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 40).
Note: Authority cited: Section
					 50199.56,
					 Health and Safety Code. Reference: Section
					 50199.51,
					 Health and Safety Code.
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 2 - Farm Workers Housing Assistance Program › Section 11002 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				General. Each February the Committee shall provide the FTB with a listing of
				project owners reserved and or allocated credit during the preceding calendar
				year. The Committee, as the agency charged with enforcing the program
				regulations and statutes, shall report any violations of program regulations to
				the FTB.
(b) Purpose. These
				regulations implement the Farmworker Housing Assistance Program which shall
				provide assistance for the housing of farmworkers and their families.
				Preference shall be given family projects. Housing types may consist of
				single-family residences, multi-family residences, manufactured housing, mobile
				homes or dormitory style dwellings. The program shall allow dormitory style
				housing to be restricted by sex. Farmworkers need not be employees of the
				property owner upon which the farmworker housing project is located.
(c) Tax credit. The Committee shall allocate
				Credit calculated on the project's Eligible Costs. Applicants for the
				Farmworker Housing Assistance Program may be project owners or a bank or
				financial institution.
(1) Credit shall not be
				allowed unless:
(A) The project is constructed
				or rehabilitated under covenants, conditions and restrictions imposed by this
				program and pursuant to the Farmworker Housing Assistance Program;
(B) The owner operates or ensures the
				operation of the farmworker housing pursuant to the requirements of the program
				for the term of the compliance period;
(C) The owner obtains a cost audit and
				certification of Eligible Costs from a qualified accountant;
(D) The owner enters into a regulatory
				agreement with TCAC which will be recorded against the land;
(E) The taxpayer obtains a TCAC 3521B (7/97)
				from the Committee indicating the amount of credit for which the project
				qualifies.
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 2 - Farm Workers Housing Assistance Program › Section 11003 - Application Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				General. All applicants requesting Farmworker Housing Assistance Program Credit
				shall be eligible to apply under this Section for a reservation and allocation
				of Credit.
(1) Application review period. The
				Committee may require up to forty-five (45) days to review an application and
				an additional fifteen (15) days from the closing date of the application filing
				period to consider the application for a reservation of Credit.
(2) Application evaluation. Applications
				shall be evaluated to determine if complete, by meeting all threshold
				requirements; if economically feasible, by demonstrating the financial capacity
				to complete the project; and, the adequate financial capacity, resources and
				sufficient expertise to successfully develop, own and maintain the proposed
				project for the term of the compliance period.
(3) The applicant shall apply to the
				Committee for certification of Credit prior to incurring project
				costs.
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 2 - Farm Workers Housing Assistance Program › Section 11004 - Financial Feasibility and Determination of Credit Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				General. The proposed project shall demonstrate that it is economically
				feasible as a qualified farmworker housing project and the applicant shall
				demonstrate the financial capacity to sustain the operation and maintenance of
				the proposed project or ensure the development, operation and maintenance from
				development through the term of the compliance period. Approved sources of
				funds shall be sufficient to cover approved uses of funds during the
				construction or rehabilitation and the project shall exhibit positive cash flow
				after debt service for a 30-year minimum term.
(1) If the Committee determines that the
				proposed sources of funds are insufficient to complete and sustain the project,
				an application shall be deemed as not meeting threshold requirements and shall
				be considered incomplete.
(2) At
				reservation and upon project completion, the Committee shall conduct economic
				feasibility determinations which may result in a reduction of the amount of
				Credit for which the proposed project is eligible or may rescind a
				Credit.
(3) If the maximum amount
				of Credit achievable is insufficient for economic feasibility, the Committee
				may deny or rescind a reservation or allocation of Credit.
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 2 - Farm Workers Housing Assistance Program › Section 11005 - Conditions on Credit Reservations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				General. All reservations of Credit shall be conditioned at a minimum of, but
				not limited to, the following:
(1) Timely
				project completion;
(2) Receipt of
				amounts of Credit no greater than necessary for economic feasibility and
				viability as a qualified farmworker housing project throughout the compliance
				period;
(3) Continued use as a
				farmworker housing project for a period of 30 years.
(4) Executed and recorded Regulatory
				Agreement.
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 2 - Farm Workers Housing Assistance Program › Section 11006 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Availability. An applicant may appeal a Committee staff determination of the
				application score or a determination of the Credit amount. No applicant may
				appeal the Committee staff evaluation of another applicant's
				application.
(b) Timing. The appeal
				shall be in writing and received by no later than seven (7) calendar days
				following the transmittal date of the Committee staff report. The appeal shall
				identify, specifically, the applicant's grounds for the appeal.
(c) Review. The review shall be based on the
				documentation submitted by the applicant when the application was filed. The
				Committee staff shall prepare a brief statement of findings as a result of the
				review. The statement will either uphold the original Committee staff report or
				will explain the modification(s) recommended. The statement will be made
				available to the applicant prior to the Committee meeting.
1. New section
				  filed 9-29-98; operative 9-29-98 pursuant to Government Code section
				  11343.4(d)
				  (Register 98, No. 40).
Note: Authority cited: Section
					 50199.56,
					 Health and Safety Code. Reference: Section
					 50199.55(a) Health
					 and Safety Code; and Sections
					 17053.14(c), (e) and
					 (i),
					 23608.2(c), (e) and
					 (i) and
					 23608.3(c) and
					 (e).
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 2 - Farm Workers Housing Assistance Program › Section 11007 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Application fee. Every applicant shall be required to pay an application filing
				fee of $1,000.00. The fee shall be by cashier's check made payable to the
				Committee and shall be submitted with the application. The fee is non
				refundable.
(b) Compliance
				monitoring fee. The Committee shall charge a non-refundable fee of $300 per
				unit; or, for dormitory style housing up to one-bedroom units, a $50 per bed
				fee to cover the costs of compliance monitoring throughout the extended use
				period. Payment of the fee shall be made prior to the issuance of Credit.
(1) Assessment of a lesser fee and any
				alternative timing for the payment of the fee may be approved by the Committee.
				Financial hardship as a basis for reduction or waiver of fees is not
				allowable.
(2) Nothing in this
				subsection shall preclude the Committee from charging an additional fee to
				cover the costs of any compliance monitoring required; but, an additional fee
				shall not be required prior to the end of the first 10 years of the compliance
				period.
California Code of Regulations › Title 4 - Business Regulations › Division 17 - California Tax Credit Allocation Committee Regulations Implementing the Federal and State Low-Income Housing Tax Credit Laws › Chapter 2 - Farm Workers Housing Assistance Program › Section 11008 - Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Regulatory Agreement. All recipients of Credit under this program shall execute
				a Regulatory Agreement as a condition precedent to the Committee's making an
				allocation of Credit. Banks and financial institutions are excluded from this
				requirement. The Regulatory Agreement shall include, but not be limited to, all
				of the following provisions:
(1) Establishment
				of the location and number of units or sleeping areas and their
				rents;
(2) Requirement of an annual
				report, including occupancy, income and maintenance information and, if
				applicable, a copy of the current operating permit issued pursuant to the
				Employee Housing Act;
(3)
				Requirements allowing and governing state approval of the assignment, transfer,
				and assumption of the housing to ensure that the requirements of the program
				are binding on successors;
(4)
				Agreement ensuring a term of use as a farmworker housing project at least equal
				to the compliance period;
(5)
				Requirement that the Regulatory Agreement be recorded in the official records
				of the county in which the qualified farmworker housing project is
				located;
(6) Enforcement of the
				Regulatory Agreement is by the Committee, by the city or county in which the
				farmworker housing is located and by the tenants as third-party
				beneficiaries;
(7) Method by which
				the affordable rents will be established and maintained;
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12003 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  books, accounts, financial records, and documents required by the Commission or
				  the Bureau must be in English.
(b)
				  All records required by the Commission or Bureau must be maintained for a
				  minimum of five years, unless otherwise specified, in a secure location on the
				  premises of the gambling establishment or at the main offices of the TPPPS
				  business licensee. Records may be maintained at another facility within
				  California when approved in advance by the Bureau. Any change in an approved
				  location must be reported to the Bureau by written notice mailed or delivered
				  prior to establishing or changing a storage location. The location will be
				  deemed approved if not disapproved by the Bureau within 30 calendar days of
				  receipt of the written notice.
(c)
				  Each owner category licensee must allow Bureau representatives to inspect,
				  copy, or audit all requested documents, papers, books, and other records
				  required by the Act or this division within the time period specified in the
				  request. The inspection may include all hardware, associated equipment, and
				  systems that support the operation of the licensed activities. If the records
				  are maintained in other than hardcopy form, the licensee must provide a printed
				  copy pursuant to this section upon request.
(d) Records may be kept, stored, and
				  submitted in a permanent form or media unless otherwise specified.
1. New
					 section filed 2-2-2015; operative 7-1-2015 pursuant to Government Code section
					 11343.4(b)(2)
					 (Register 2015, No. 6).
2. Amendment filed 10-18-2017; operative
					 1-1-2018 (Register 2017, No. 42).
3. Amendment of subsections
					 (b)-(c) filed 12-12-2020; operative 1-1-2021 pursuant to Government Code
					 section
					 11343.4(b)
					 (Register 2020, No. 51). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Sections
						19811,
						19824,
						19840,
						19841,
						19853
						and
						19984,
						Business and Professions Code. Reference: Sections
						19826,
						19827,
						19841,
						19857,
						19866
						and
						19984,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12004 - Notification of Contact Information Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee or holder of a Commission work permit must
					 report to the Bureau any change of contact information, whether residence
					 address, address of record or mailing address, phone number or any other
					 contact information, within ten days of that change on a form entitled "Notice
					 of Contact Information Change," CGCC-CH1-01 (New 05/20), which is attached in
					 Appendix A to this Chapter. This section does not apply to the physical
					 relocation of a gambling establishment.
1. New
					 section filed 1-25-2006; operative 2-24-2006 (Register 2006, No.
					 4).
2. Amendment of section heading and section filed 5-23-2013;
					 operative 7-1-2013 (Register 2013, No. 21).
3. Amendment filed
					 12-12-2020; operative 1-1-2021 pursuant to Government Code section
					 11343.4(b)
					 (Register 2020, No. 51). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20.
4.
					 Amendment refiled 12-31-2020 as an emergency; operative 1-1-2021 pursuant to
					 Government Code section
					 11346.1(d).
					 Emergency expiration extended 60 days (Executive Order N-40-20) plus an
					 additional 60 days (Executive Order N-71-20) (Register 2021, No. 1). A
					 Certificate of Compliance must be transmitted to OAL by 8-2-2021 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. Amendment refiled 6-14-2021 as an emergency; operative
					 6-14-2021. Expiration date of emergency extended 60 days (Executive Order
					 N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021,
					 No. 25). A Certificate of Compliance must be transmitted to OAL by 1-11-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
6. Reinstatement of section as it existed prior to 12-12-2020
					 emergency amendment by operation of Government Code section
					 11346.1(f)
					 (Register 2022, No. 2).
Note: Authority cited: Sections
						19811,
						19823,
						19824,
						19853(a)(3),
						19864
						and
						19984,
						Business and Professions Code. Reference: Sections
						19850
						and
						19852,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12005 - Prohibited Player-Dealer Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  person cannot hire or finance, including but not limited to providing loans,
				  advances, or any other thing of value, the hiring of employees or independent
				  contractors, or both, whose job duties include the play as a participant in any
				  California game without an approved TPPPS contract.
(b) A person cannot play as a participant in
				  a California game as an employee or independent contractor except as authorized
				  in an approved TPPPS contract.
(c)
				  A person cannot play as a participant in a California game pursuant to any oral
				  or implied agreement with a cardroom business licensee
(d) Any Commission license or other approval
				  may be subject to revocation or discipline for a violation of this section. Any
				  application to the Commission for a license or other approval may be subject to
				  denial for a violation of this section.
1. New
					 section filed 12-12-2020; operative 1-1-2021 pursuant to Government Code
					 section
					 11343.4(b)
					 (Register 2020, No. 51). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Sections
						19811,
						19841(o)
						and
						19984,
						Business and Professions Code. Reference: Sections
						19801,
						19841(o),
						19853,
						19920,
						19943
						and
						19984(b),
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12006 - Service of Notices, Orders and Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When service of any notice or other written communication is specifically
				  required to be made pursuant to this section, service must be made by first
				  class mail, registered mail, or certified mail, addressed to the residence
				  address, address of record, or mailing address of the applicant, licensee,
				  holder of a work permit, or designated agent, as last reported to the
				  Commission.
(b) Notwithstanding
				  subsection (a), notice and other written communication may be provided
				  exclusively via email, to the email address of the applicant, licensee, or
				  designated agent as last reported to the Commission where they provide the
				  Commission written authorization including, for instance in a completed and
				  returned Notice of Defense, CGCC-CH1-03 received under subparagraph (E) of
				  paragraph (2) of subsection (c) of Section
				  12052 or at an earlier point from
				  the Commission staff.
(c) Service
				  is effective upon mailing or transmission of the notice or
				  communication.
1. New
					 section filed 11-25-2014; operative 1-1-2015 (Register 2014, No.
					 48).
2. Amendment filed 1-22-2020; operative 4-1-2020 (Register
					 2020, No. 4).
3. Amendment filed 12-12-2020; operative 1-1-2021
					 pursuant to Government Code section
					 11343.4(b)
					 (Register 2020, No. 51). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20.
4.
					 Amendment of subsection (b) filed 1-11-2022; operative 4-1-2022 (Register 2022,
					 No. 2).
5. Amendment of subsection (b) filed 2-8-2022; operative
					 4-1-2022 (Register 2022, No. 6).
Note: Authority cited: Sections
						19811,
						19824
						and
						19840,
						Business and Professions Code. Reference: Sections
						19811,
						19824
						and
						19840,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12008 - Registration and License Application Fees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-3-2008; operative 11-2-2008 (Register 2008, No.
					 40).
2. Amendment of subsection (b), new subsections (b)(1)-(3) and
					 amendment of NOTE filed 4-13-2010; operative 5-13-2010 (Register 2010, No.
					 16).
3. Amendment of section heading, redesignation and amendment of
					 former subsection (a) as subsection (a)(1), new subsection (a)(2) and amendment
					 of NOTE filed 3-29-2012; operative 4-28-2012 (Register 2012, No.
					 13).
4. Repealer filed 12-12-2020; operative 1-1-2021 pursuant to
					 Government Code section
					 11343.4(b)
					 (Register 2020, No. 51). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Sections
						19811,
						19824,
						19840,
						19841(a),
						19853(a)(3),
						19854,
						19876(g),
						19915,
						19951(a)
						and
						19984,
						Business and Professions Code. Reference: Sections
						19915,
						19841(r),
						19853(a)(3),
						19951(a),
						19876(g)
						and
						19984(b),
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12017 - Abandonment of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) At any time before the Bureau report is
				  submitted to the Commission, the Chief of the Bureau may deem an application
				  abandoned based upon the following:
(A)
				  Failure of the applicant to respond to Bureau inquiries; or,
(B) Notice by the applicant or his, her, or
				  its designated agent on the applicant's behalf that the application is no
				  longer being pursued because, for example, the applicant is deceased or no
				  longer employed in a capacity that requires Commission
				  consideration.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12035 - Issuance of Interim Renewal Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commission will issue an interim renewal license to an applicant for renewal of
				  a license, work permit, finding of suitability, or other approval no later than
				  when their existing license, work permit, finding of suitability, or other
				  approval expires and:
(1) The Commission has
				  elected to hold an evidentiary hearing pursuant to paragraph (4) of subsection
				  (a) of Section
				  12054;
(2) The Executive Director determines,
				  pursuant to subsection (a) of Section
				  12060, that it is appropriate for
				  the application to be considered at a GCA hearing; or,
(3) An accusation is pending pursuant to
				  Business and Professions Code section
				  19930
				  and under Chapter 10 of this division.
(4) The Commission has elected to issue a
				  renewal license, work permit, finding of suitability, or other approval with
				  conditions, restrictions, or limitations pursuant to paragraph (2) of
				  subsection (a) of Section
				  12054.
(5) The Commission has elected to deny an
				  application for a renewal license, work permit, or finding of suitability, or
				  other approval pursuant to paragraph (3) of subsection (a) of Section
				  12054.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12040 - Mandatory and Discretionary Grounds for Denial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  application for an initial or renewal license:
(1) Will be denied if the Commission finds
				  that the applicant has not satisfied the requirements of Business and
				  Professions Code section
				  19857;
				  or,
(2) Will be denied if the
				  Commission finds that any of the provisions of Business and Professions Code
				  section
				  19859
				  apply to the applicant.
(3) May be
				  denied if the Commission finds the applicant has violated any law or ordinance
				  with respect to campaign finance disclosure or contribution limitations
				  pursuant to subdivision (a) of Business and Professions Code section
				  19982.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12047 - Withdrawal of Applications. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-16-2008; operative 11-15-2008 (Register 2008, No.
					 42).
2. Renumbering of former section
					 12047 to new section
					 12015 filed 11-25-2014; operative
					 1-1-2015 (Register 2014, No. 48).
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 1 - Definitions and General Procedures › Section 12048 - Abandonment of Applications. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-16-2008; operative 11-15-2008 (Register 2008, No.
					 42).
2. Renumbering of former section
					 12048 to new section
					 12017 filed 11-25-2014; operative
					 1-1-2015 (Register 2014, No. 48).
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 2 - Procedures for Hearings and Meetings on Applications › Section 12050 - Bureau Recommendation and Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When the Bureau report is submitted to the Commission with a recommendation to
				  deny, limit, restrict, or condition a license, permit, finding of suitability,
				  renewal, or other approval, as described in Business and Professions Code
				  section
				  19868,
				  subdivisions (b) and (c):
(1) The Bureau will
				  provide to the applicant a copy of the following as relevant to the
				  application:
(A) The Bureau report which will
				  include any Bureau recommendation to the Commission.
(B) A detailed factual and/or legal basis for
				  any recommendation.
(C) Any
				  supplemental documents provided to the Commission.
(D) Any other information or documentation
				  provided to the Commission.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 2 - Procedures for Hearings and Meetings on Applications › Section 12052 - Commission Meetings; General Procedures; Scope; Notice; Rescheduling of Meeting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Nothing in this article is intended to limit the manner in which the Commission
				  reviews an application, or otherwise limit its authority or discretion under
				  the Act.
(b) This article does not
				  apply to accusations brought under Business and Professions Code section
				  19930,
				  subdivision (b) to revoke, suspend, or discipline a license, registration,
				  permit, finding of suitability, renewal or other approval under the Act or a
				  matter proceeding pursuant to Chapter 10 of this division.
(c) An applicant for any license, permit,
				  finding of suitability, renewal, or other approval will be given notice of the
				  meeting at which the application is scheduled to be heard. Notice will be given
				  pursuant to Section
				  12006.
(1) If the application is scheduled at a
				  Commission meeting under Section
				  12054, the notice will be provided
				  at least 10 calendar days prior to the meeting date and will inform the
				  applicant of the following:
(A) That the
				  applicant will be afforded the opportunity to:
1. Address the Commission by way of an oral
				  statement, written statement, or both; and,
2. Submit documents in support of the
				  application; however, documents which are not received by the Commission and
				  Bureau with sufficient time for consideration may result in the documents not
				  being considered or the consideration of the application being continued, at
				  the Commission's discretion. Less than 72 hours in advance of the noticed
				  meeting's scheduled start time is presumed to be insufficient time for
				  consideration.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 2 - Procedures for Hearings and Meetings on Applications › Section 12054 - Consideration at a Commission Meeting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  a Commission meeting, the Commission may take, but is not limited to taking,
				  one of the following actions:
(1) Issue a
				  license, temporary license, interim license, registration, permit, finding of
				  suitability, renewal or other approval.
(2) Issue a license, work permit, finding of
				  suitability, or other approval with conditions, restrictions, or limitations,
				  and for a renewal application, issue an interim renewal license pursuant to
				  Section 12035.
(3) Deny an application for a license, work
				  permit, finding of suitability, or other approval, and for a renewal
				  application, issue an interim renewal license pursuant to Section
				  12035.
(4) Elect to hold or retract an evidentiary
				  hearing in accordance with Section
				  12056 and, for a renewal
				  application, issue an interim renewal license pursuant to Section
				  12035. The Commission will identify
				  those issues for which it requires additional information or consideration
				  related to the applicant's suitability.
(5) Table or continue an item for
				  consideration at a subsequent meeting, for any purpose, including obtaining new
				  or additional information from the applicant, Bureau or Commission staff,
				  provided that in the case of renewal applications, the Commission must act on
				  the application before the license expires.
(6) Extend a cardroom category license, TPPPS
				  category license, registration, or finding of suitability for up to 180
				  calendar days, as necessary, if an applicant has submitted their renewal
				  application prior to the original expiration date of the current license,
				  Commission work permit, registration, or finding of suitability, and the
				  Commission is unable to act on the application prior to the expiration
				  date.
(7) Approve or deny a request
				  for withdrawal pursuant to Section
				  12015.
(8) Make a finding of abandonment pursuant to
				  subsection (c) of Section
				  12017.
(9) If the Bureau has filed an accusation
				  with the Commission pursuant to Business and Professions Code section
				  19930
				  prior to Commission action on a renewal application, the Commission will issue
				  an interim renewal license pursuant to Section
				  12035.
(10) Issue a default decision pursuant to
				  Section 12057.
(11) Consider a request for reconsideration
				  pursuant to Section
				  12064.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 2 - Procedures for Hearings and Meetings on Applications › Section 12057 - Default Decisions and Uncontested Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When an applicant fails to submit a completed Notice of Defense, CGCC-CH1-03
				  according to the timelines on the form, affirmatively waives his, her, or its
				  right to an evidentiary hearing, or fails to appear at an evidentiary hearing,
				  the Commission will, based on the interests of justice and judicial economy:
(1) Issue a default decision after the
				  consideration of the Bureau report, any supplemental reports by the Bureau, and
				  any other documents or testimony provided or which may be provided to the
				  Commission before the decision is issued;
(2) Hold a GCA hearing without applicant
				  participation;
(3) When an
				  applicant fails to appear at an evidentiary hearing, reschedule any GCA hearing
				  on the applicant's application;
(4)
				  Act on the application as identified in subsection (a) of Section
				  12054 or,
(5) Finalize the decision pursuant to
				  paragraph (4) of subsection (b) of Section
				  12066.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 2 - Procedures for Hearings and Meetings on Applications › Section 12058 - APA Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When the Commission elects to hold an APA hearing the Commission will determine
				  whether the APA hearing will be held before an Administrative Law Judge sitting
				  on behalf of the Commission or before the Commission itself with an
				  Administrative Law Judge presiding in accordance with Government Code section
				  11512.
				  Notice of the APA hearing will be provided to the applicant pursuant to
				  Government Code section
				  11500 et
				  seq.
(b) The burden of proof is on
				  the applicant to prove his, her, or its qualifications to receive any license
				  or other approval under the Act.
(c) A Statement of Issues will be prepared
				  and filed according to Government Code section
				  11504 by
				  the complainant.
(d) At the
				  conclusion of the evidentiary hearing, when the Commission is hearing the
				  matter, the members of the Commission will take the matter under submission,
				  may discuss the matter in a closed session meeting, may leave the
				  administrative record open in order to receive additional evidence as specified
				  by the Commission, and may schedule future closed session meetings for
				  deliberation.
(e) The evidentiary
				  hearing will proceed as indicated in the notice, unless and until the Executive
				  Director or Commission approves the retraction of referral to an APA
				  hearing.
1. New
					 section filed 11-25-2014; operative 1-1-2015 (Register 2014, No.
					 48).
2. Amendment filed 1-22-2020; operative 4-1-2020 (Register
					 2020, No. 4).
Note: Authority cited: Sections
						19811,
						19823,
						19824,
						19840
						and
						19841,
						Business and Professions Code. Reference: Sections
						19816,
						19823,
						19824,
						19825,
						19868
						and
						19876,
						Business and Professions Code; and Sections
						11512 and
						11517,
						Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 2 - Procedures for Hearings and Meetings on Applications › Section 12060 - Gca Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the Executive Director determines it is appropriate, he or she may set an
				  application for consideration at a GCA hearing in advance of a meeting pursuant
				  to Section 12054. The Executive Director will
				  give notice to the applicant, pursuant to paragraph (2) subsection (c) of
				  Section 12052, to the Office of the
				  Attorney General, and to the Bureau no later than 90 calendar days in advance
				  of the GCA hearing. The Executive Director's determination will be based on
				  information contained in the Bureau's report or other appropriate sources
				  including, without limitation, a request from the Bureau or applicant as well
				  as the Commission's operational considerations.
(b) When a GCA hearing is elected pursuant to
				  Section 12056, subsection (a), the
				  Executive Director will give notice to the applicant, pursuant to paragraph (2)
				  subsection (c) of Section
				  12052, to the Office of the
				  Attorney General, and to the Bureau no later than 60 calendar days in advance
				  of the GCA hearing.
(c) An
				  applicant may request that his, her, or its GCA hearing be held at a Southern
				  California location instead of the Commission's principal office in Sacramento,
				  by completing the appropriate section on the Notice of Defense, CGCC-CH1-03
				  (Rev. 08/21). The request must be made on the initial Notice of Defense form
				  submitted to the Commission and Bureau within the timeframes specified on the
				  form.
(1) The Executive Director will approve
				  a Southern California GCA hearing, if the request is timely made on the initial
				  Notice of Defense form and meets all of the following criteria:
(A) The GCA hearing is estimated by
				  Commission staff to last no longer than four hours.
(B) The primary residence of the applicant is
				  located in one of the following counties: Imperial, Kern, Los Angeles, Orange,
				  Riverside, San Diego, San Luis Obispo, San Bernardino, Santa Barbara, or
				  Ventura.
(C) A GCA hearing will be
				  noticed for a Southern California location only when it is in the best public
				  interest, promotes judicial economy, and comports with the Commission's
				  availability.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 2 - Procedures for Hearings and Meetings on Applications › Section 12062 - Issuance of Gca Hearing Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 75 calendar days of the conclusion of a GCA hearing, the Commission will
				  issue its decision, which will comply with Business and Professions Code
				  section
				  19870,
				  and will be served pursuant to Section
				  12006 and, in the case of a
				  gambling license, on any associated or endorsed owner or
				  owner-licensee.
(b) All decisions
				  of the Commission issued pursuant to this section will specify an effective
				  date and may include further directions as to any stay provisions or orders to
				  divest.
(c) Only members of the
				  Commission who heard the evidence presented in the hearing are eligible to vote
				  on a decision and may vote by mail or by another appropriate method unless such
				  a requirement would prevent the existence of a quorum qualified to act on the
				  particular application. In that event, a member of the Commission who has not
				  heard the evidence may be allowed to vote after a review of the complete record
				  and any additional briefing or hearing the Commission believes
				  necessary.
1. New
					 section filed 11-25-2014; operative 1-1-2015 (Register 2014, No.
					 48).
2. Amendment filed 1-22-2020; operative 4-1-2020 (Register
					 2020, No. 4).
Note: Authority cited: Sections
						19811,
						19823,
						19824,
						19840
						and
						19841,
						Business and Professions Code. Reference: Sections
						19823,
						19824,
						19825,
						19870,
						19871,
						19876,
						19883
						and
						19892,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 2 - Procedures for Hearings and Meetings on Applications › Section 12064 - Requests for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After the Commission issues a decision following a GCA hearing conducted
				  pursuant to Section
				  12060, an applicant denied a
				  license, permit, registration, or finding of suitability, or whose license,
				  permit, registration, or finding of suitability has had conditions,
				  restrictions, or limitations imposed upon it, may request reconsideration by
				  the Commission. A request for reconsideration must be:
(1) Made in writing to the Commission, copied
				  to the complainant. The Bureau may provide a written response to the Commission
				  within 10 calendar days of receipt of the request; and,
(2) Received by the Commission and
				  complainant within 30 calendar days of service of the decision, or before the
				  effective date specified in the decision, whichever is
				  earlier.
California Code of Regulations › Title 4 - Business Regulations › Division 18 - California Gambling Control Commission › Chapter 1 - General Provisions › Article 2 - Procedures for Hearings and Meetings on Applications › Section 12066 - Final Decisions; Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  withdrawal or abandonment decision is final:
(1) 30 calendar days after the date of notice
				  of abandonment pursuant to either paragraph (2) of subsection (a) or paragraph
				  (2) of subsection (b) of Section
				  12017 if not repealed by the
				  issuing agency.
(2) Upon approval
				  by the Commission pursuant to paragraph (7) of subsection (a) of Section
				  12054 or the making of a finding of
				  abandonment pursuant to paragraph (8) of subsection (a) of Section
				  12054.