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Business and Professions Code - BPC - BPC § 23058
Business and Professions Code - BPC - BPC § 23058
In order to facilitate the board’s administration of the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), the department shall, each quarter at no cost to the board, electronically transmit to the board a report on the
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Business and Professions Code - BPC - BPC § 2306
Business and Professions Code - BPC - BPC § 2306
If a licensee’s right to practice medicine is suspended, he or she shall not engage in the practice of medicine during the term of such suspension. Upon the expiration of the term of suspension, the certificate shall be reinstated by the Division of Medical Quality, unless the li
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Business and Professions Code - BPC - BPC § 23060
Business and Professions Code - BPC - BPC § 23060
Neither the Director of Alcoholic Beverage Control nor any member of the Alcoholic Beverage Control Appeals Board shall have or do any of the following: (a) Receive any commission or profit whatsoever, directly or indirectly, from any person applying for or receiving any license
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Business and Professions Code - BPC - BPC § 2307
Business and Professions Code - BPC - BPC § 2307
(a) Except as provided in subdivision (i), a person whose certificate has been surrendered while under investigation or while charges are pending or whose certificate has been revoked or suspended or placed on probation, may petition the board for reinstatement or modification of
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Business and Professions Code - BPC - BPC § 2307.5
Business and Professions Code - BPC - BPC § 2307.5
(a) The board may establish a fee to be paid by a person seeking a license reinstatement or modification of penalty pursuant to Section 2307. (b) The fee established shall not exceed the board’s reasonable costs to process and adjudicate a petition submitted pursuant to Section 2
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Business and Professions Code - BPC - BPC § 23075
Business and Professions Code - BPC - BPC § 23075
There is in the state government, in the Business, Consumer Services, and Housing Agency, an Alcoholic Beverage Control Appeals Board the members of which shall be appointed and shall serve as provided in Section 22 of Article XX of the Constitution, and shall receive an annual s
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Business and Professions Code - BPC - BPC § 23076
Business and Professions Code - BPC - BPC § 23076
All personnel of the Alcoholic Beverage Control Appeals Board shall be appointed, directed and controlled by the board. The director shall furnish the equipment, supplies, and housing necessary to the operation of the board and shall perform such other mechanics of administration
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Business and Professions Code - BPC - BPC § 23077
Business and Professions Code - BPC - BPC § 23077
The Alcoholic Beverage Control Appeals Board shall exercise such powers as are vested in it by Section 22 of Article XX of the Constitution and may adopt such rules pertaining to appeals and other matters within its jurisdiction as may be required. The board and its duly authoriz
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Business and Professions Code - BPC - BPC § 23080
Business and Professions Code - BPC - BPC § 23080
As used in this article, “decision” when used in reference to the department means any final determination of the department imposing a penalty assessment or affecting a license which may be appealed to the board under Section 22 of Article XX of the California Constitution, and
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Business and Professions Code - BPC - BPC § 23081
Business and Professions Code - BPC - BPC § 23081
On or before the tenth day after the last day on which reconsideration of a final decision of the department can be ordered, any party aggrieved by a final decision of the department may file an appeal with the board from such decision. The appeal shall be in writing and shall st
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Business and Professions Code - BPC - BPC § 23081.5
Business and Professions Code - BPC - BPC § 23081.5
An appeal to the board shall be deemed filed on the date it is received by the board electronically or by mail to the principal office; provided, however, an appeal mailed to the board by means of registered mail shall be deemed filed with the board on the date of the registry wi
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Business and Professions Code - BPC - BPC § 23082
Business and Professions Code - BPC - BPC § 23082
No decision of the department shall become effective during the period in which an appeal may be filed and the filing of an appeal shall stay the effect of the decision until such time as a final order is made by the board.
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Business and Professions Code - BPC - BPC § 23083
Business and Professions Code - BPC - BPC § 23083
(a) The board shall determine the appeal upon the record of the department and upon any briefs which may be filed by the parties. If any party to the appeal requests oral argument, the board shall schedule a date and time for argument. The board shall not receive any evidence oth
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Business and Professions Code - BPC - BPC § 23083.5
Business and Professions Code - BPC - BPC § 23083.5
(a) The department shall collect a 3-percent surcharge on the annual fees provided for in Section 23320 on behalf of the appeals board at the same time the department makes its regular collections of annual fees pursuant to Section 23320. The surcharge shall be rounded to the nea
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Business and Professions Code - BPC - BPC § 23084
Business and Professions Code - BPC - BPC § 23084
The review by the board of a decision of the department shall be limited to the questions: (a) Whether the department has proceeded without, or in excess of, its jurisdiction. (b) Whether the department has proceeded in the manner required by law. (c) Whether the decision is supp
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Business and Professions Code - BPC - BPC § 23085
Business and Professions Code - BPC - BPC § 23085
In appeals where the board finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department, it may enter an order remanding the matter to the department for re
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Business and Professions Code - BPC - BPC § 23086
Business and Professions Code - BPC - BPC § 23086
In all cases, the board shall enter its order within 60 days after the appeal is submitted for decision.
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Business and Professions Code - BPC - BPC § 23087
Business and Professions Code - BPC - BPC § 23087
Whenever any matter is pending before the board or a court of record involving a dispute between the department and a licensee, petitioner or protestant and the parties to such a dispute agree upon a settlement or adjustment thereof, the tribunal shall upon the stipulation by the
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Business and Professions Code - BPC - BPC § 23088
Business and Professions Code - BPC - BPC § 23088
An order of the board on appeal from a decision of the department shall be in writing and shall be filed by delivering copies to the parties personally or electronically or by mailing copies to them by certified mail. An order shall become final upon being filed as provided herei
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Business and Professions Code - BPC - BPC § 23089
Business and Professions Code - BPC - BPC § 23089
Final orders of the board may be reviewed by the courts specified in Article 5 (commencing with Section 23090) of this chapter within the time and in the manner therein specified and not otherwise.
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Business and Professions Code - BPC - BPC § 23090
Business and Professions Code - BPC - BPC § 23090
Any person affected by a final order of the board, including the department, may, within the time limit specified in this section, apply to the Supreme Court or to the court of appeal for the appellate district in which the proceeding arose, for a writ of review of such final ord
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Business and Professions Code - BPC - BPC § 23090.1
Business and Professions Code - BPC - BPC § 23090.1
The writ of review shall be made returnable at a time and place then or thereafter specified by court order and shall direct the board to certify the whole record of the department in the case to the court within the time specified. No new or additional evidence shall be introduc
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Business and Professions Code - BPC - BPC § 23090.2
Business and Professions Code - BPC - BPC § 23090.2
The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the board, whether: (a) The department has proceeded without or in excess of its jurisdiction. (b) The department has proceeded in the manner required b
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Business and Professions Code - BPC - BPC § 23090.3
Business and Professions Code - BPC - BPC § 23090.3
The findings and conclusions of the department on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall include ultimate facts and the findings and conclusions of the department. The board, the department, and each party to the act
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Business and Professions Code - BPC - BPC § 23090.4
Business and Professions Code - BPC - BPC § 23090.4
The provisions of the Code of Civil Procedure relating to writs of review shall, insofar as applicable, apply to proceedings in the courts as provided by this article. A copy of every pleading filed pursuant to this article shall be served on the board, the department, and on eac