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CSLB Application Denials and the Appeals Process

Let’s take a minute to discuss CSLB application denials and the appeal process. It’s a boring topic, I know, but it’s good information if you find yourself caught up in the AIU vortex.

If the Claims Investigation Unit denies your claim, Section 485 takes effect.

§ 485. Procedure before denial

Upon denial of an application for a license under this chapter or Section 496, the board shall do one of the following:

  • (a) File and deliver a problem statement in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
  • (b) Notify the applicant that the application is denied, stating (1) the reason for the denial and (2) that the applicant is entitled to a hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if the written request for a hearing is made within 60 days of the notice of denial. Unless a request for a hearing is made in writing within the 60-day period, the requestor’s right to a hearing is deemed waived. Service of the denial notice may be made in the manner authorized for service of subpoenas in civil actions, or by certified mail addressed to the applicant at the last address submitted by the applicant in writing to the board in its application or otherwise. Mail service is completed on the date of shipment.

Statistics added 1972 ch 903 § 1. Statistics modified 1997 ch 758 §

The key here is the 60-day deadline to file your appeal request. I encourage you to file your appeal as soon as possible so that the appeal process can begin.

From here Section 487 applies and describes the Hearing process.

§ 487. Hearing; Hour

If the applicant requests a hearing, the board shall hold such hearing within 90 days from the date the hearing is requested, unless the applicant requests or agrees in writing to a postponement or continuance of the hearing. Notwithstanding the foregoing, the Office of Administrative Hearings may order, or if good cause is shown, grant a request for up to an additional 45 days to conduct a hearing, except in cases involving alleged fraud in the examination or award of licences, in which case the term can be up to 180 days. In no case will more than two orders or requests be made.
Aggregate statistics 1972 chap. 903 § 1. Modified Statistics 1974 Ch. 1321 § 10; Stats 1986 ch 220 § 1, effective June 30, 1986.

The important part of this section is that the hearing will take place within 90 days of the hearing request. Unless you, the applicant, request or agree to a continuance. I would not agree to a continuation because I would not like to give the board the ability to further delay the process. If OAH grants a request for an extension, you have no choice. CSLB likes to say that the process can take 4-6 months, but I think that is a scare tactic. Section 487 suggests that a hearing could take place in as little as 3 months.

After a hearing request is filed, Section 488 comes into play.

§ 488. Request for hearing

Except as otherwise provided by law, following a hearing requested by an applicant pursuant to subdivision (b) of Section 485, the board may take any of the following actions:

  • (a) Grant the license effective upon completion of all license requirements by the applicant.
  • (b) Grant the license upon completion of all license requirements by the applicant, immediately revoke the license, suspend the revocation, and impose probationary conditions on the license, which may include suspension.
  • (c) Deny license.
  • (d) Take such other action in connection with the denial or grant of license as the board, in its discretion, deems appropriate.

Added Stats 2000 ch 568 § 2 (AB 2888).

This is interesting because of point (c). This suggests that the CSLB could deny the license…again. Funny thing is, it was a denial that got him down the appeal/hearing path in the first place.

There you have it, some interesting facts about CSLB application denials and the appeal process.

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