reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 1 - General › Section 178 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of these rules and regulations:
(a) "Board" means Alcoholic Beverage Control
				Appeals Board.
(b) "Department"
				means Department of Alcoholic Beverage Control.
(c) "Appellant" means any person or entity
				who files an appeal with the Board.
(d) "Respondent" means any person or entity
				who responds to an appeal filed with the Board.
(e) "Party" includes the Department,
				appellant(s), and respondent(s)
(f)
				"Person or entity" includes the attorney or authorized agent of a
				party.
(g) "Day" refers to a
				calendar day, unless otherwise stated.
(h) "File" or "filed" refers to the date a
				document is received by the Board electronically at the Board's electronic mail
				address as listed at
www.abcab.ca.gov
, or
				bymail to the principal office; provided, however, an appeal mailed to the
				Board by means of registered mail shall bedeemed "filed" with the Boardon the
				date of the registry with the United States Post Office.
(i) "Section" or "subsection" refers to the
				rules and regulations contained in Title 4, Division 1.1 of the California Code
				of Regulations, unless otherwise specified.
(j) "Serve" or "served" refers to the manner
				of service listed in section
				181.1.
(k) "Sign," "signed," or "signature" includes
				both physical and electronic signatures.
1. Amendment
				  filed 2-19-82; effective thirtieth day thereafter (Register 82, No.
				  8).
2. Change without regulatory effect amending subsection (d)
				  filed 12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
3. Amendment
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23).
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23077
					 and
					 23081,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 1 - General › Section 179 - Computation of Time Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The time provided in this division within which any act must
				  be performed, shall be computed by excluding the first day and including the
				  last day unless the last day is a Saturday, Sunday or holiday, in which case
				  such day shall also be excluded.
1. Amendment
				  filed 2-19-82; effective thirtieth day thereafter (Register 82, No.
				  8).
2. Change without regulatory effect amending section filed
				  12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Section
					 23081,
					 Business and Professions Code; Section
					 12,
					 Code of Civil Procedure; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 1 - General › Section 180 - Notices to Authorized Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the records of the Board indicate that a party is
				  represented by an attorney or other authorized agent, such agent shall be
				  entitled to a copy of all notices and decisions to which the principal would be
				  entitled.
1. Amendment
				  filed 2-19-82; effective thirtieth day thereafter (Register 82, No.
				  8).
2. Change without regulatory effect amending section filed
				  12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23077
					 and
					 23081,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 1 - General › Section 181 - Proof of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A proof
				of service shall be attached to any documents filed or served under sections
				184,
				187,
				193,
				195,
				196,
				198 and
				199.
(b) A proof of service shall include all of
				the following:
(1) The address where the
				document was served;
(2) the date
				of service;
(3) the manner of
				service;
(4) a statement that the
				person making service is over the age of 18 years; and
(5) signature of the person making service,
				under penalty of perjury.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 1 - General › Section 181.1 - Manner of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party
				may serve a document to the Board using any of the following means of service:
(1) in-person service;
(2) service by mail; or
(3) electronic service to the Board's
				electronic mail address as listed at
www.abcab.ca.gov
.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 1 - General › Section 181.2 - Electronic Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party
				agrees to accept electronic service by:
(1)
				serving a notice on all parties that the party accepts electronic service;
				and
(2) filing the notice with the
				Board.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 2 - Filing of Appeal › Section 183 - Notice of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person or entity aggrieved by the decision of the
				  Department as defined in Business and Professions Code section
				  23080
				  may appeal the Department's decision to the Board as follows:
(a) The appellant shall file a Notice of
				Appeal with the Board in accordance with Business and Professions Code section
				23081.5.
(b) The appellant must file the Notice of
				Appeal with the Board on or before the tenth day after the last day on which
				reconsideration of the underlying decision of the Department can be requested
				pursuant to Government Code section
				11521(a).
(c) An appellant shall also serve a copy of
				the Notice of Appeal upon all parties, including the Department at its
				principal office.
(d) Failure to
				comply with the provisions in this section shall result in dismissal of the
				appeal pursuant to section
				199.
1. New section
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23). For prior history, see Register 2020, No. 50.
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23081
					 and
					 23084,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 2 - Filing of Appeal › Section 184 - Contents of Notice of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Notice of Appeal shall be signed by the appellant. The
				  Notice of Appeal should state the general grounds for appeal and the specific
				  questions to be considered by the Board on review. The Notice of Appeal shall
				  be filed with the Board and shall also be served upon the Department and all
				  parties to the proceeding before the Department. Proof of service shall be
				  filed with the Notice of Appeal.
1. Amendment
				  filed 2-19-82; effective thirtieth day thereafter (Register 82, No.
				  8).
2. Change without regulatory effect amending section filed
				  12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
3. Amendment
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23).
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23081
					 and
					 23084,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 3 - Record on Appeal › Section 187 - Preparation, Payment, and Filing of the Record of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				the filing of the Notice of Appeal, the Department shall calculate the
				estimated cost of the record of appeal, including the transcript in accordance
				with the fee schedule provided in Section
				69950 of
				the Government Code, notify appellant thereof, and demand payment.
(b) Appellant shall make payment to the
				Department within fifteen days after the date of the Department's demand for
				payment.
(c) Cost of the record of
				appeal shall include the preparation and filing of the record of appeal with
				the Board.
(d) Such statement of
				costs shall also include the cost of preparing and serving a copy of the record
				of appeal on appellant, should it be requested.
(e) Where the Department has previously
				ordered an original copy of the reporter's transcript because of action taken
				by it pursuant to Government Code Section
				11517(c),
				the appellant need only pay the fee for a first copy of the reporter's
				transcript, plus the fee for each additional copy, as provided by Section
				69950, for the record on appeal
				furnished to the Board and appellant.
(f) Upon receipt of payment from appellant,
				the Department shall immediately arrange for the preparation of the record on
				appeal and file it with the Board.
1. Amendment
				  filed 1-20-78; effective thirtieth day thereafter (Register 78, No.
				  3).
2. Amendment filed 2-19-82; effective thirtieth day thereafter
				  (Register 82, No. 8).
3. Change without regulatory effect amending
				  section and NOTE filed 12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
4. Amendment
				  of section heading and section filed 6-6-2022; operative 6-6-2022 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23).
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Section
					 23083,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 3 - Record on Appeal › Section 188 - Contents of Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record on appeal filed with the Board shall consist
				  of:
(a) The Department's file
				transcript, which shall include:
(1) all
				notices and orders issued by the administrative law judge and the Department,
				including any proposed decision by an administrative law judge and the final
				decision issued by the Department;
(2) pleadings filed by any party;
(3) any filed notices, orders, or pleadings
				pertaining to reconsideration;
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 3 - Record on Appeal › Section 189 - Documents Filed with Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 2-19-82; effective thirtieth day thereafter (Register 82, No.
				  8).
2. Change without regulatory effect amending section filed
				  12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
3. Repealer
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23).
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23083
					 and
					 23085,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 3 - Record on Appeal › Section 190 - Cost of Record and Payment Therefor. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-20-78; effective thirtieth day thereafter (Register 78, No.
				  3).
2. Amendment filed 2-19-82; effective thirtieth day thereafter
				  (Register 82, No. 8).
3. Change without regulatory effect amending
				  section filed 12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
4. Repealer
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23).
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Section
					 23083,
					 Business and Professions Code; Section
					 69950,
					 Government Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 4 - Filing of Briefs and Motions › Section 193 - Filing of Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Appellant may file an opening brief, respondent may file a reply brief, and
				appellant may thereafter file a closing brief.
(b) The opening brief shall be filed with the
				Board and served on all parties to the appeal within 30 days of the date the
				record on appeal is filed with the Board. The reply brief shall be filed with
				the Board and served on all parties within 20 days after the opening brief is
				served. Any closing brief shall be filed with the Board and served on all
				parties within seven days after the reply brief is served. A proof of service
				shall be included with each brief indicating the date it was served.
(c) A party to the appeal may request an
				extension of time to file a brief. Any objections to an extension request may
				be filed with the Board within three days of the request. The extension request
				will be decided by the Board, or its executive director if so authorized,
				without hearing and will be granted only upon a showing of good
				cause.
1. Amendment
				  of subsection (b) filed 1-20-78; effective thirtieth day thereafter (Register
				  78, No. 3).
2. Amendment filed 2-19-82; effective thirtieth day
				  thereafter (Register 82, No. 8).
3. Change without regulatory effect
				  amending article 4 heading and section filed 12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
4. Amendment
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23).
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23081
					 and
					 23083,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 4 - Filing of Briefs and Motions › Section 194 - Requirements for Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				briefs shall be double-spaced on paper 8 1/2 x 11 inches in size. Only one side
				of the paper shall be used, and the margins shall be at least one inch on all
				sides of the page. Headings shall be capitalized, in bold, or underlined. If
				typed, a minimum of size 12 font shall be used.
(b) Briefs shall comply with the following
				length restrictions:
(1) Opening briefs shall
				be no more than 20 pages in length.
(2) Reply briefs shall be no more than 15
				pages in length.
(3) Closing briefs
				shall be no more than 10 pages in length.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 4 - Filing of Briefs and Motions › Section 195 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party
				may file a motion with the Board as follows:
(1) A motion shall follow the same formatting
				requirements for briefs set forth in section
				194(a).
(2) A motion shall be no more than 10 pages
				in length unless accompanied by a declaration showing good cause for additional
				pages, but in no case shall be more than 15 pages in length.
(3) A motion filed with the Board shall
				include proof of service that the motion was served on all parties to the
				appeal.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 5 - Oral Argument › Section 196 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After
				the Record of Appeal is filed with the Board, the Board shall set a hearing
				date and time, and serve notice to all parties.
(b) Any party wishing to present oral
				argument before the Board shall notify the Board and all parties in writing at
				least 21 days before the scheduled hearing date. Failure to timely request oral
				argument shall result in submission of the appeal on the pleadings. However,
				failure to timely request oral argument does not preclude a party from seeking
				a continuance of the hearing in accordance with subsections (d) and
				(e).
(c) Notwithstanding subsection
				(b), the Board may direct for oral argument to be conducted on the appeal even
				if no party requests it. If oral argument is directed by the Board, a separate
				notice shall be sent by the Board to all parties.
(d) A party seeking a continuance of the
				hearing shall first attempt to stipulate to an alternative hearing date with
				all other parties to the appeal, and then make a request to the Board to
				reschedule. If any other party will not stipulate to continuance, the
				requesting party can submit a request to the Board to continue the hearing. A
				party may object to the continuance request within five days of such
				request.
(e) Requests by any party
				for a continuance of oral argument may be granted by the Board, or its
				executive director if so authorized, without a hearing and upon a showing of
				good cause.
1. New section
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23).
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23081
					 and
					 23083,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 5 - Oral Argument › Section 197 - Oral Argument

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the
				event oral argument is requested or ordered:
(1) The appellants, collectively, and
				respondents, collectively, shall each be allowed a maximum of 15 minutes for
				oral argument;
(2) only one person
				for a party shall be heard;
(3) the
				appellant, or moving party, shall have the right to open and close; however,
				both statements shall count towards the 15-minute total limit;
(4) No evidence, other than what is contained
				in the administrative record, shall be referenced by any
				party.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 5 - Oral Argument › Section 197.1 - Quorum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Board may decide an appeal so long as there is a quorum of at least two members
				present for:
(1) oral argument and
				deliberation in closed session
;
or
(2) deliberation in closed session where an
				appeal has been submitted on the pleadings.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 6 - Newly Discovered Evidence › Section 198 - New Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When
				the Board is requested to remand the case to the Department for reconsideration
				upon the ground that there is relevant evidence which, in the exercise of
				reasonable diligence, could not have been produced at the hearing before the
				Department, the party making such request must, in the form of a declaration or
				affidavit, set forth:
(1) The substance of
				the newly-discovered evidence;
(2)
				Its relevancy and that part of the record to which it pertains;
(3) Names of witnesses to be produced and
				their expected testimony;
(4)
				Nature of any exhibits to be introduced;
(5) A detailed statement of the reasons why
				such evidence could not, with due diligence, have been discovered and produced
				at the hearing before the Department.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 7 - Motions [Repealed] › Section 198.1 - Motions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  Section 198.1 and new Article 7 (Section
				  198.1) filed 2-19-82; effective
				  thirtieth day thereafter (Register 82, No. 8).
2. Change without
				  regulatory effect repealing article 7 (section
				  198.1) and renumbering former
				  section 198.1 to section
				  195 filed 12-8-2020 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23081
					 and
					 23083,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 8 - Dismissal of Appeal › Section 199 - Dismissal of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall issue an order dismissing an appeal:
(a) Upon appellant filing a request to
				dismiss the appeal with the Board;
(b) Upon motion of a party, or upon the
				Board's own notice to the parties, that appellant has failed to timely file the
				Notice of Appeal or pay for the record on appeal as set forth in sections
				183 and
				187;
(c) Upon certification by the Department that
				reconsideration has been granted after the Notice of Appeal has been filed, and
				dismissal on this ground shall be without prejudice to the submission of a
				subsequent appeal in the same case;
(d) Upon a motion by any party, or upon the
				Board's own notice to the parties, where sufficient cause exists for dismissal.
				In such an instance, the Board's order shall set forth the sufficient cause for
				the dismissal; or
(e) Upon
				stipulation of the parties.
1. Renumbering
				  of Article 7 to Article 8 and former Article 8 to Article 9 and amendment of
				  Section 199 filed 2-19-82; effective
				  thirtieth day thereafter (Register 82, No. 8).
2. Change without
				  regulatory effect amending section filed 12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
3. Amendment
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23).
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23081,
					 23083
					 and
					 23087,
					 Business and Professions Code; Section
					 11521,
					 Government Code; and Article XX, Section
					 22, California Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 9 - Disqualification of Board Members › Section 200 - Disqualification of Board Members

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Board member shall voluntarily disqualify himself/herself
				  and withdraw from any case in which such person cannot accord a fair and
				  impartial hearing. Any party may request the disqualification of any member by
				  filing an affidavit before the submission of the case stating with
				  particularity the grounds upon which it is claimed that a fair and impartial
				  appeal cannot be accorded by a Board member. The issue raised by the request
				  shall be determined by the other members of the Board. No member of the Board
				  shall withdraw voluntarily, or be subject to disqualification, if this would
				  prevent the Board from acting in the particular case. The affidavit shall
				  become a part of the record.
1. Renumbering
				  of Article 8 to Article 9 and former Article 9 to Article 10 and amendment of
				  Section 200 filed 2-19-82; effective
				  thirtieth day thereafter (Register 82, No. 8).
2. Change without
				  regulatory effect amending section filed 12-8-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 50). Filing deadline specified in Government
				  Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Section
					 23075,
					 Business and Professions Code; Article XX, Section
					 22, California Constitution; and
					 Fed. Construction Co. v. Curd, 179 C. 489, 177 P. 469.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 10 - Conflict of Interest Code › Appendix - Appendix

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Designated Positions. Persons holding the following
				  positions are designated positions:
Designated Position
Assigned Disclosure
						  Category
(1) Board members
1
(2) Executive Director
1, 2
(3) Attorneys (All Levels)
1
(4) Consultants/New Positions
1
(b) Disclosure Category 1. Individuals holding a designated
				  position assigned to this category must report all interests in real property
				  as well as investments and business positions in business entities, and sources
				  of income (including receipt of gifts, loans and travel payments), if the
				  interest in real property, business entity or source of income is any of the
				  following:
(1) An applicant for, or the current holder of, an alcoholic
				  beverage license,
(2) A premises proposed to be or currently licensed for the
				  sale of alcoholic beverages,
(3) The holder of an alcoholic beverage license at any time
				  within the preceding four years
(4) A premises licensed for the sale of alcoholic beverages
				  at any time within the preceding four years.
Disclosure Category 2. Individuals holding a designated
				  position assigned to this category must report investments and business
				  positions in business entities and sources of income (including receipt of
				  gifts, loans and travel payments) if the business entity or source provides
				  leased facilities, products, equipment, vehicles, machinery or services of the
				  type utilized by the Board.[FN1]
Consultants/new positions shall be included in the list of
				  designated positions and shall disclose pursuant to the broadest disclosure
				  category in the code subject to the following limitation:
The Executive Director may determine in writing that a
				  particular consultant or new position, although a "designated position," is
				  hired to perform a range of duties that is limited in scope and thus is not
				  required to fully comply with the disclosure requirements described in this
				  section. Such written determination shall include a description of the
				  consultant's or new position's duties and, based upon that description, a
				  statement of the extent of disclosure requirements. The Executive Director's
				  determination is a public record and shall be retained for public inspection in
				  the same manner and location as this conflict of interest code. (Gov. Code Sec.
				  81008.)
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 1 - General Provisions › Section 201 - Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The rules in this subchapter shall be cited as the
					 "Professional Boxing Rules."
1. New
					 section filed 6-11-84; effective thirtieth day thereafter (Register 84, No.
					 24). For prior history, see Register 82, No. 8.
2. Change without
					 regulatory effect of NOTE (Register 87, No. 5).
3. Editorial
					 renumbering only of former section
					 201 to section
					 201.5, and editorial renumbering
					 only of former division 2 (section
					 200"Citation") to division 2
					 (section 201) to correct duplication of
					 section numbers (Register 90, No. 21).
Note: Authority cited: Section
						18611,
						Business and Professions Code. Reference: Section
						18611,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 1 - General Provisions › Section 201.5 - Definitions, Gender-Neutral Pronouns

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this chapter:
(a) "commission" means the State Athletic
				  Commission;
(b) "code" means the
				  Business and Professions Code;
(c)
				  "rules" means the Professional Boxing Rules.
(d) the terms "club" and "promoter" are
				  synonymous and used interchangeably, and include any person, partnership, club,
				  corporation, organization or association conducting, holding or giving boxing
				  contests.
(e) all pronouns are
				  gender-neutral unless the context clearly indicates otherwise.
1.
					 Originally printed 3-22-45.
2. Revision filed 5-23-47 (Register
					 8).
3. Repealer and new subchapters 1-3 filed 9-23-59; effective
					 thirtieth day thereafter (Register 59, No. 16).
(ED. NOTE--For
					 changes intervening Register 8 and Register 59, No. 16, as to specific
					 sections, see Registers 13, No. 6; 15, No. 2; 17, No. 1; 18, No. 4; 20, No. 6;
					 24, No. 3; 25, No. 6; 26, Nos. 4 and 7; 30, No. 1; 53, No. 3; 54, Nos. 1, 3, 5,
					 23, 25 and 27; 55, Nos. 16 and 17; and 56, Nos. 9, 13 and 17).
4.
					 Repealer and new subchapters 1-3 refiled 12-14-59; effective thirtieth day
					 thereafter (Register 59, No. 21).
5. Repealer and new section filed
					 1-30-64; effective thirtieth day thereafter (Register 64, No. 3).
6.
					 Repealer of subchapter 1 (articles 1-10, sections
					 201-366, not consecutive) and new
					 subchapter 1 (articles 1-12, sections
					 201-416, not consecutive) filed
					 2-23-84; effective thirtieth day thereafter (Register 84, No. 8). For prior
					 history, see Registers 81, Nos. 49 and 15; 80, Nos. 19 and 15; 79, Nos. 49 and
					 10; 77, Nos. 48 and 3; 76, Nos. 40, 30 and 3; 75, Nos. 49 and 37; 73, Nos. 45,
					 35, 25, 9 and 3; 72, No. 16; 71, No. 31; 70, Nos. 50 and 8; 68, No. 37; 67,
					 Nos. 51, 39 and 4; 66, No. 15; and 64, No. 18.
7. New subsection (e)
					 filed 6-11-84; effective thirtieth day thereafter (Register 84, No.
					 24).
8. Change without regulatory effect of NOTE (Register 87, No.
					 5).
9. Editorial renumbering only of former section
					 201 to section
					 201.5 (Register 90, No.
					 21).
10. Amendment of section heading and subsections (c) and (e)
					 filed 9-15-2016; operative 1-1-2017 (Register 2016, No. 38).
Note: Authority cited: Section
						18611,
						Business and Professions Code. Reference: Sections
						18621
						and
						18622,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 1 - General Provisions › Section 202 - Filing of Applications and Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any application or report required under law or any rule of
					 the commission to be filed with the commission, unless otherwise specified,
					 shall be filed at the commission's general office at 2005 Evergreen Street,
					 Suite 2010, Sacramento, CA 95827.
1. Change
					 without regulatory effect of NOTE (Register 87, No. 5).
2. Change
					 without regulatory effect amending section filed 12-16-94 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 94, No. 50).
3. Amendment filed 2-29-2000;
					 operative 3-30-2000 (Register 2000, No. 9).
4. Change without
					 regulatory effect amending section filed 3-17-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 11).
Note: Authority cited: Section
						18611,
						Business and Professions Code. Reference: Sections
						18612,
						18642
						and
						18824,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 1 - General Provisions › Section 204 - Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Ring officials, licensees and applicants for licenses shall
					 submit to the commission such forms, records and statements at such times and
					 in such manner as directed by the commission.
1. Change
					 without regulatory effect of NOTE (Register 87, No. 5).
Note: Authority cited: Section
						18611,
						Business and Professions Code. Reference: Sections
						18612,
						18642
						and
						18824,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 1 - General Provisions › Section 205 - Filing of Change of Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every person, corporation, association or other
					 organization holding a license issued by the commission, or any such person or
					 entity with an application on file with the commission shall immediately notify
					 the commission in writing at one of its offices of any and all changes of
					 address, giving both the old and new address.
1. Change
					 without regulatory effect of NOTE (Register 87, No. 5).
Note: Authority cited: Section
						18611,
						Business and Professions Code. Reference: Sections
						18641
						and
						18642,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 1 - General Provisions › Section 206 - Authority of Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The jurisdiction, duties and responsibilities of all
					 commission representatives and employees shall be established by the executive
					 officer subject to the approval of the commission.
1. Change
					 without regulatory effect of NOTE (Register 87, No. 5).
Note: Authority cited: Section
						18611,
						Business and Professions Code. Reference: Section
						18613,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 1 - General Provisions › Section 208 - License Fees. Each Application for a License to Conduct or Operate a Professional Boxer's

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
gymnasium within the meaning of Section
					 18685 of the code shall be
					 accompanied by the annual license fee of $10.00. Every such license expires at
					 midnight on December 31 of each year.
1. Change
					 without regulatory effect of NOTE (Register 87, No. 5).
Note: Authority cited: Section
						18611
						and
						18648,
						Business and Professions Code. Reference: Sections
						18640,
						18641
						and
						18653,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 2 - Licenses and Applications › Section 210 - Application for License; Contents, Falsification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications for licenses shall be in writing on a form supplied by the
				  commission and shall be verified under oath by the applicant. Every license
				  issued shall be subject to the conditions and agreements set forth in the
				  application therefor, the statutes and laws relating to boxing and the rules
				  and regulations of the commission.
(b) Falsification in whole or in part of a
				  material fact or presentation on any application for a license shall result in
				  a license being denied, and if previously granted, revoked unless otherwise
				  ordered by the commission.
1. Change
					 without regulatory effect of NOTE (Register 87, No. 5).
2. Change
					 without regulatory effect amending subsection (a) filed 3-17-2011 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2011, No. 11).
Note: Authority cited: Section
						18611
						and
						18648,
						Business and Professions Code. Reference: Sections
						18640,
						18641,
						18642
						and
						18661,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 2 - Licenses and Applications › Section 211 - Fingerprints and Photographs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant for any license issued by the commission shall submit two
				  classifiable sets of fingerprints at the time the initial application is filed
				  with the commission, or at such other times as deemed necessary by the
				  commission. The applicant shall also furnish two passport-size photographs as
				  required by the commission.
(b)
				  This rule applies to any of the following:
(1) Sole proprietor;
(2) Every partner in a partnership;
(3) All members of a limited liability
				  company;
(4) Every shareholder,
				  officer or director of a nonpublic corporation; and
(5) Every officer and director of a public
				  corporation.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 2 - Licenses and Applications › Section 212 - Use of Ring Names

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Boxers and wrestlers may assume and use ring names, but the
					 right to use any certain ring name is subject to the approval of the commission
					 and may be denied either at the time of presenting application for license, or
					 later, should reason for such denial be brought before the commission.
1. Change
					 without regulatory effect of NOTE (Register 87, No. 5).
Note: Authority cited: Section
						18611,
						Business and Professions Code. Reference: Sections
						18641
						and
						18642,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 2 - Licenses and Applications › Section 213 - Promoter's License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to be issued a boxing promoter's license, an
					 applicant shall meet all the following requirements:
(a) An applicant shall demonstrate financial
				  responsibility. For purposes of section
				  18665(b) of the
				  code, "financial responsibility" means no less than $50,000 in cash or the
				  equivalent in liquid assets, as demonstrated by the applicant's financial
				  statement. The financial statement shall be prepared by and be on the
				  letterhead of a certified public accountant or public accountant within sixty
				  (60) days of the date the application is filed.
(b) An applicant shall demonstrate either
				  that the applicant possesses the necessary knowledge and experience to act as a
				  promoter or employs a person who possesses those qualifications.
(c) The bond required by section
				  18680 of the code, which shall be
				  set by the commission in an amount no less than $50,000.
(d) The fee specified in section
				  18804 of the code.
(e) Evidence that the applicant is in
				  compliance with Rule 290 regarding medical insurance.
(f) The applicant shall meet the requirements
				  for licensure as a matchmaker, or in the alternative submit evidence that the
				  promoter employs a licensed matchmaker.
(g) An application for a promoter's license
				  shall be signed by an owner or officer of the applicant.
1. New
					 section filed 12-17-86; effective thirtieth day thereafter (Register 86, No.
					 51).
2. Amendment filed 8-30-2010; operative 9-29-2010 (Register
					 2010, No. 36).
Note: Authority: Section
						18611,
						Business and Professions Code. Reference: Sections
						18640,
						18641
						and
						18648,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 2 - Licenses and Applications › Section 213.2 - Changes in Promoter Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  requirements of section
				  18666 of the code shall not apply
				  to changes in the shareholders of a publicly traded corporation.
(b) In accordance with section
				  18666 of the code, a licensed
				  promoter shall provide fingerprints (in accordance with Rule 211) and a
				  financial statement that complies with Rule 213 for persons who become
				  connected with or obtain a proprietary interest in the promoter during the term
				  of an existing promoter's license.
1. New
					 section filed 8-30-2010; operative 9-29-2010 (Register 2010, No. 36).
Note: Authority: Section
						18611,
						Business and Professions Code. Reference: Sections
						18640,
						18714
						and
						18776,
						Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 2 - Licenses and Applications › Section 214 - Professional Boxer's License-HIV/HCV/HBV Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  used in Section
				  18712(a) of the
				  code:
(1) The phrase "within 30 days prior to
				  the date of application" means that the blood test will be accepted for
				  licensure purposes for 30 days from the date of the test report.
(2) The phrase "documentary evidence
				  satisfactory to the commission" means the original or a copy of the test report
				  on letterhead of the the laboratory, accompanied by the applicant's declaration
				  under penalty of perjury that the report represents the applicant's HIV/HCV/HBV
				  test results.
California Code of Regulations › Title 4 - Business Regulations › Division 2 - State A thletic Commission › Chapter 1 - Professional Boxing Rules › Article 2 - Licenses and Applications › Section 215 - Manager Acting as Second

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensed manager may act as a second without the
					 necessity of a second's license.
1. Change
					 without regulatory effect of NOTE (Register 87, No. 5).
Note: Authority cited: Section
						18611,
						Business and Professions Code. Reference: Sections
						18640
						and
						18642,
						Business and Professions Code.