Hearing and Appeals Process

Division Office Review

The Division Office reviews all applications that are:

• Protested
• Recommended for denial by the District Office
• Non-routine such as multilevel corporations and partnerships

Hearing

Scheduling of Hearing

A hearing is scheduled in the following cases:

• When valid protests have been filed against an application and the applicant and protestant are not able to reach any agreements
• If ABC has denied the application, and the applicant requests a hearing

The hearing is scheduled within 60 days. ABC mails a Notice of Hearing to all parties.

Administrative Hearing

A public hearing is held before an administrative law judge (ALJ). ABC counsel represents ABC. The applicant and any protestant(s) may be represented by an attorney or other person, or they can represent themselves at the hearing. The ABC investigator will testify as to his or her investigation. The applicant and any protestant(s) may testify and/or present other evidence. The protestant must appear at the hearing or the protest is abandoned.

Administrative Law Judge Proposed Decision

The ALJ has 30 days to prepare a Proposed Decision for consideration by the ABC Director.

Action by ABC Director

The ABC Director adopts or rejects the ALJ’s Proposed Decision. If the ABC Director rejects the Proposed Decision, ABC sends a Notice of Rejection to the applicant and any protestant(s). Each party has 30 days from the date of the notice to submit written argument.

Appeal to ABC Appeals Board

The applicant or any protestant(s) may appeal the director’s decision to the ABC Appeals Board, usually within 40 days of the decision, unless the decision is effective immediately. This appeal must be filed within 10 days following the last day upon which the department may reconsider its decision. This reconsideration period expires 30 days after the date upon which the decision is mailed to the parties unless the department states an earlier effective date of the decision (such as it being effective immediately). The ABC Appeals Board is a separate entity from the Department of Alcoholic Beverage Control and is comprised of three members appointed by the Governor.

ABC Appeals Board Decision

The board reviews the record of the administrative hearing and accepts written and oral arguments. It may not accept any new evidence that was not offered at the administrative hearing. The board usually makes a decision within 30 days.

Appeal to the District Court of Appeal

The applicant, any protestant(s) or ABC may appeal to the California District Court of Appeal (DCA) within 30 days of the Appeals Board Decision.

District Court of Appeal’s Decision

The DCA reviews the record and renders a decision. The Attorney General represents ABC at the hearing. There is no mandated time period for the DCA to render its decision.

Appeal to the California Supreme Court

The applicant, any protestant(s) or ABC may appeal to the California Supreme Court within 30 days of the DCA decision. The Attorney General represents ABC before the Supreme Court. There is no time mandated for the Supreme Court to render its decision.

California Supreme Court Decision

The California Supreme Court makes a decision to issue or deny the license.