How to Appeal the Denial of a License

The board may deny an application for an individual or site license for acts “substantially related to the functions or duties” of the profession, occupation or business for which the application is made. Grounds for denying an application are listed in Business and Professions Code sections 475 and 480. (Refer to http://leginfo.legislature.ca.gov/faces/codes.xhtml for law code specifics.)

Should your license be denied, you have the right to appeal the denial and to have a formal administrative hearing, under the provisions of Section 485(b) of the Business and Professions Code. You must submit the appeal in writing to the board’s office within 60 days from the date of service of the notice of denial.

After 60 days if you do not submit a written appeal to the board, your right to a hearing is automatically waived, and your application is denied. If you do not appeal the denial of a license, you will be allowed to reapply for the license one year from the date of service when you were notified of the denial.

If you choose to submit a written request for appeal of the denial of your license, you will be given the opportunity for a hearing in accordance with Chapter 5, section 11500 of Part 1 of Title 2 of the Government Code. An administrative law judge will preside at the hearing, and a deputy attorney general will represent the board. You may, but need not, be represented by an attorney at any or all stages of the proceedings. A “Statement of Issues” document listing the board’s reasons for denying the license will be sent to you as part of this process.

During the hearing, each party is given an opportunity to make opening statements, call witnesses and offer relevant evidence. After all the evidence is submitted, the administrative law judge will prepare a detailed written decision. If the administrative law judge agrees that cause for the denial of your license exists, and orders the denial of your license, then your application for a license remains denied. You may reapply for the license one year after receiving written notification of the administrative law judge’s decision.