CSLB Application Denials and also the Appeals Process

Let us have a minute to go over CSLB Application Denials and also the Appeals Process. It is a boring subject I understand, but it is reliable information to possess when you are stuck within the AIU vortex.

In case your application is denied through the Application Analysis Unit, Section 485 takes over.

§ 485. Procedure upon denial

Upon denial of the application for any license under this chapter or Section 496, the board shall do either from the following:

(a) File and serve an announcement of issues in compliance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 from the Government Code.

(b) Inform you the application is denied, stating (1) the reason behind the denial, and (2) the applicant has the authority to a hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 from the Government Code if written request hearing is created within two months after service from the notice of denial. Unless of course written request hearing is created inside the 60-day period, the applicant’s to a hearing is considered waived. Service from the notice of denial might be made in the way approved for service of summons in civil actions, or by registered mail addressed towards the applicant in the latest address filed through the applicant on paper using the board in their application or else. Service by mail is finished around the date of mailing.

Added Stats 1972 ch 903 § 1. Amended Stats 1997 ch 758 §

The important thing here’s that 2 month deadline to file for your appeal request. I recommend filing your appeal as quickly as possible to obtain the appeal process began.

Came from here Section 487 applies also it outlines the Hearing process.

§ 487. Hearing Time

If your hearing is requested through the applicant, the board shall conduct such hearing within 3 months in the date the hearing is requested unless of course you shall request or agree on paper to some postponement or continuance from the hearing. Notwithstanding the above mentioned, work of Administrative Proceedings may order, or on the showing of excellent cause, grant a request, as much as 45 additional days within which to conduct a hearing, with the exception of cases involving alleged examination or licensing fraud, by which cases the time may depend on 180 days. In no situation shall greater than two such orders be produced or demands be granted.

Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 10 Stats 1986 ch 220 § 1, effective June 30, 1986.

The key part within this section would be that the hearing will be conducted within 3 months from the hearing being requested. Unless of course you, you, request or accept a continuance. I would not accept a continuance since i wouldn’t want to own board the opportunity to delay the procedure any more. When the OAH grants a request extension, you are tied to it. The CSLB loves to state that the procedure may take 4-6 several weeks, however i think this can be a scare tactic. Section 487 shows that a hearing could occur within 3 several weeks.