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 12056 - Evidentiary Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the Commission elects to hold an evidentiary hearing, or an applicant has
				  elected to request an evidentiary hearing following a Commission approval with
				  conditions, restrictions, or limitations pursuant to paragraph (2) of
				  subsection (a) of Section
				  12054 or a denial pursuant to
				  paragraph (3) of subsection (a) of Section
				  12054, the hearing will be
				  conducted as a GCA hearing under Section
				  12060, unless the Executive
				  Director or the Commission determines the hearing should be conducted as an APA
				  hearing under Section
				  12058. The evidence will be
				  presented by the complainant, which is selected by the Executive Director or
				  the Commission, and may be either the Bureau or an advocate of the Commission.
				  If an advocate of the Commission is selected, the determination will include a
				  list of employees of the Commission who will be designated as an advocate of
				  the Commission.
(b) Nothing in this
				  section, Section
				  12058 or Section
				  12060 confers upon an applicant a
				  right to discovery of the Commission's or Bureau's confidential information or
				  to require production of any document or the disclosure of information which is
				  otherwise prohibited by any provision of the Act, or is privileged from
				  disclosure or otherwise made confidential by any other provision of law.
				  Documentary evidence may be redacted as needed to prevent the disclosure of
				  confidential information. Exculpatory or mitigating information will be
				  provided to the applicant, but any confidential information may be redacted by
				  the Bureau.
(c) Under either an APA
				  or a GCA hearing, all parties will bear their own costs. This does not prevent
				  the Bureau from requiring that additional sums be deposited pursuant to
				  Business and Professions Code section
				  19867
				  for any necessary supplemental investigations.
(d) Where an application has been referred to
				  a GCA hearing or an APA hearing, the Commission retains the authority to
				  retract the referral, pursuant to paragraph (4) of subsection (a) of Section
				  12054, and refer the application to
				  a GCA hearing or APA hearing pursuant to subsection (a) of Section
				  12056, or hear the matter at a
				  Section 12054 meeting.
(e) An APA or GCA hearing is sufficient to
				  meet the hearing requirement of Business and Professions Code section
				  19914.
1. New
					 section filed 11-25-2014; operative 1-1-2015 (Register 2014, No.
					 48).
2. Amendment of subsections (a) and (b) and new subsection (d)
					 filed 1-22-2020; operative 4-1-2020 (Register 2020, No. 4).
3. New
					 subsection (e) and NOTE 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 subsections (a) and (d) filed 2-8-2022; operative 4-1-2022
					 (Register 2022, No. 6).
Note: Authority cited: Sections
						19811,
						19823,
						19824,
						19825,
						19840
						and
						19841,
						Business and Professions Code. Reference: Sections
						19816,
						19823,
						19824,
						19825,
						19868,
						19870,
						19871,
						19876
						and
						19914,
						Business and Professions Code; and Section
						11512,
						Government Code.