Cal. Code Regs. Tit. 25, § 5020.5 - License and 90-Day Certificate Application Review and Notice of Department Decision

(a) Within seven (7) calendar days of receiving applications in the office designated on the application forms for an occupational license, the department shall review each license application received pursuant to this chapter, and notify the applicant in writing of either the acceptance of the application for filing, or the rejection of the application due to incompleteness or errors, specifically identifying the incompleteness or errors and what must be done in order to make the application complete and acceptable.

(b) Within 120 calendar days of receiving a completed and acceptable application, the department shall conduct an investigation pursuant to Health and Safety Code Section 18052 of each person identified on the application, and each proposed place of business within this state; determine if the provisions of law and this chapter applicable to the application have been satisfied, and either issue a license or a written notice of refusal. The written notice of refusal shall specify the reasons why approval may not be granted.

(c) A survey conducted pursuant to Government Code Section 15376 of the department's performance determined the minimum, median and maximum elapsed time between receipt of a completed application for a manufacturer, distributor, or dealer license and reaching a final decision; the results are as follows:

(1) Minimum: 21 calendar days.

(2) Median: 63 calendar days.

(3) Maximum: 463 calendar days.

(d) A survey conducted pursuant to Government Code Section 15376 of the department's performance determined the minimum, median and maximum elapsed time between receipt of a completed application for a salesperson license and reaching a final decision; the results are as follows:

(1) Minimum: 15 calendar days.

(2) Median: 57 calendar days.

(3) Maximum: 344 calendar days.

(e) The department may exceed the maximum time as provided in Subsections (a) and (b) of this section, if any of the following occurs:

(1) The number of applications is 15 percent greater than for the same calendar quarter of the preceding year.

(2) The department's application processing is delayed due to fingerprint rejection or fingerprint processing by the California Department of Justice or the Federal Bureau of Investigation.

(f) The department's processing time for 90-day certificate applications, from receipt of an application to either issuance of the certificate or refusal of issuance of the certificate, shall be as follows:

(1) Minimum: 1 working day.

(2) Maximum: 7 working days.

(g) The applicant may appeal directly to the Director of the department and/or the Secretary of the Business, Transportation and Housing Agency for a timely resolution of any dispute arising from a violation of the time periods within which the department must process the application. The appeal shall be decided in the applicant's favor if the department has exceeded the established maximum time period of issuance or denial of the license or 90-day certificate and the department has failed to establish good cause for exceeding the time period. If the appeal is decided in the applicant's favor, the applicant shall receive full reimbursement of any and all filing fees paid to the department.

Notes

Cal. Code Regs. Tit. 25, § 5020.5

1. New section filed 2-1-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
2. Amendment of subsections (a) and (b), adoption of subsections (f) and (g) and amendment of NOTE filed 11-25-91; operative 12-26-91. (Register 92, No. 12).
3. Amendment of section and NOTE filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).

Note: Authority cited: Section 18052.6, Health and Safety Code. Reference: Sections 18050 and 18052.6, Health and Safety Code.

1. New section filed 2-1-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
2. Amendment of subsections (a) and (b), adoption of subsections (f) and (g) and amendment of Note filed 11-25-91; operative 12-26-91. (Register 92, No. 12).
3. Amendment of section and Note filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).