By Benjie Cooper
IG: @nuglifenews
YouTube: Lucid’s Vlog
In an announcement released on the California Cannabis Portal website, the Cannabis Control Appeals Panel (CCAP) has proposed the adoption of regulations regarding the appeals process.
“The broad objectives of this regulation is to bring the Panel into compliance with Business and Professions Code section 26042,” states the announcement. “And to otherwise establish a clear, consistent, and predictable appeals process for applicants, licensees, licensing authorities, and the Panel to follow.”
The proposed set of rules outline and detail the specific steps that a cannabis license applicant or existing licensee must take when their application is denied, or they have incurred penalties from a state licensing agency.
The eighteen rules in the proposal define the all of the required procedures of the appeals process, such as calculation of filing due dates, oral arguments, merit hearing procedures, settlements, and filing process restrictions.
The regulations also specify who is allowed to appeal a CCAP decision, and implements review questions which determine if the Panel has overstepped its boundaries, acted in accordance with existing law, and whether the current evidence supports their decision.
The rules prohibit the CCAP from considering evidence that was not previously reviewed by the licensing authority.
Section 26044 of the Business and Professions Code permits the CCAP to remand cases when new evidence emerges, or they discover that relevant evidence was previously excluded.
In regards to the proposed regulations, the CCAP will be holding a public hearing in October where people are encouraged to present oral and written statements. For those wishing to submit written comments, they may email them to philip.laird@bcsh.ca.gov.
Public Hearing:
Wednesday, October 17
9:00 a.m.
State Personnel Board Building, 1st Floor Auditorium
801 Capitol Mall
Sacramento CA, 95714
Written Comments:
Philip Laird
Cannabis Control Appeals Panel
801 Capitol Mall, Suite 610
Sacramento, CA 95814
916-653-4090
Proposed Regulations (Rules 6000-6018)
Notice of Proposed Rulemaking Action
Initial Statement of Reasons
