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 12015 - Withdrawal of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  request by an applicant, or his, her, or its designated agent on the
				  applicant's behalf, to withdraw a submitted application may only be made prior
				  to a Commission decision becoming final pursuant to Section
				  12066, subsection (b). The request
				  must be made in writing to the Bureau. Upon receipt of the request to withdraw,
				  Bureau staff will send written confirmation of receipt to the applicant. The
				  Bureau will stay any investigation of the applicant being conducted under
				  Business and Professions Code section
				  19868.
				  The Executive Director will, upon receipt of any information or documentation
				  provided by the Bureau pursuant to Business and Professions Code section
				  19869,
				  place the request before the Commission for consideration at a regularly
				  scheduled meeting pursuant to Section
				  12054.
(b) The Commission may grant or deny a
				  withdrawal request based upon the public interest and the applicable provisions
				  of the Act, including for example, where the applicant has failed to respond to
				  Bureau or Commission inquires, or preliminary information has been provided by
				  the Bureau which would indicate grounds for mandatory denial under Business and
				  Professions Code section
				  19859.
				  A withdrawal request may be granted with or without prejudice based upon the
				  public interest and the applicable provisions of the Act.
(c) If a request for withdrawal is granted,
				  any unused portion of a background investigation deposit will be refunded by
				  the Bureau.
(d) If a request for
				  withdrawal is granted with prejudice, the applicant will be ineligible to
				  submit or renew its application for licensure or approval until after the
				  expiration of one year from the date the request for withdrawal is
				  granted.
(e) If the request for
				  withdrawal is denied, the Bureau will proceed with the investigation of the
				  applicant and provide a recommendation pursuant to Business and Professions
				  Code section
				  19826.
(f) An applicant who has a withdrawal request
				  granted for his, her or its application will not have a right to an evidentiary
				  hearing pursuant to Section
				  12056.
(g) If a request for withdrawal of an
				  application for an initial license is made to the Bureau and the Commission
				  grants the request, any temporary or interim license issued to the applicant
				  will be cancelled by the Executive Director.
1.
					 Renumbering of former section
					 12047 to new section
					 12015, including amendment of
					 section and NOTE, filed 11-25-2014; operative 1-1-2015 (Register 2014, No.
					 48).
2. Amendment of subsections (a) and (c)-(f) filed 1-22-2020;
					 operative 4-1-2020 (Register 2020, No. 4).
3. New subsection (g)
					 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
						19801,
						19811,
						19823,
						19824,
						19840,
						19841,
						19869,
						19893
						and
						19951,
						Business and Professions Code. Reference: Sections
						19859,
						19867,
						19869,
						19880,
						19881,
						19890,
						19891,
						19912,
						19951
						and
						19984,
						Business and Professions Code.