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

If your application is rejected by the Application Investigation Unit, Section 485 kicks in.

§ 485. Procedure in case of refusal

Upon denial of a license application under this chapter or Section 496, the board will do any of the following:

• (a) File and deliver a statement of business 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 was 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 the Division 3 of Title 2 of the Government Code if the written hearing request is made within 60 days of notification of the denial. Unless a written hearing request is made within the 60 day period, the applicant’s right to a hearing is considered waived. Notification of denial may be made in the manner authorized for service of subpoena in civil actions, or by certified mail addressed to the applicant at the last address submitted by the applicant in writing to the board on his application or otherwise. Service by mail is completed on the date of shipment.

Aggregate statistics 1972 ch. 903 § 1. Amended statistics 1997 chap. 758 §

The key here is the 60-day deadline to submit your appeal request. I suggest that you file your appeal as soon as possible to start the appeal process.

From here Section 487 applies and describes the hearing process.

§ 487. Hearing; Hour

If the applicant requests a hearing, the board will hold such hearing within 90 days from the date the hearing is requested, unless the applicant requests or agrees in writing to postpone or continue the hearing. Notwithstanding the foregoing, the Office of Administrative Hearings may order, or in a demonstration of good cause, grant a request for up to 45 additional days within which a hearing will be held, except in cases involving an alleged examination or fraud. in licensing, in which case the period can be up to 180 days. In no case will more than two of these requests be made or requests will be granted.

Statistics added 1972 ch. 903 § 1. Modified statistics 1974 chap. 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 request for the hearing. Unless you, the applicant, request or agree to a deferral. I would not agree to a postponement because I did not want to give the board the ability to delay the process further. If OAH grants an extension request, you’re stuck. The CSLB likes to say that the process can take 4-6 months, but I think this is a scary tactic. Section 487 suggests that a hearing could take place in as little as 3 months.

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

§ 488. Request for hearing

Unless the law provides otherwise, after 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 effective license upon completion of all licensing requirements by the applicant.
• (b) Grant the license in effect by completing 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 the license.
• (d) Take other steps in relation to the denial or grant of the license that the board, in its discretion, deems appropriate.

Aggregate statistics 2000 ch 568 § 2 (AB 2888).

This is interesting because of item (c). This suggests that the CSLB might deny the license … again. The 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 appeals process.