ABC Appeal Attorney
Understanding the ABC Appeals Board Process
Both licensees and the Department of Alcoholic Beverage Control (ABC) have the right to challenge rulings made by the ABC’s administrative law judges. No penalty can be imposed while the appeal is pending.
Appeals are decided by the Alcoholic Beverage Control Appeals Board (ABC Appeals Board). The Board is a panel of two or three judges appointed by the governor, and is independent of the ABC.
All kinds of ABC decisions can be appealed, including accusation cases (suspensions and revocations), protests, denials of license applications, and denials of petitions to change license conditions.
The process involves an opening brief, an opposition brief, and a reply brief. The Appeals Board holds its hearings by zoom.
If you’re considering an appeal, it’s critical to consult an alcohol attorney as soon as possible to ensure that you don’t miss the deadline for making the request.
Filing an Appeal with the ABC Appeals Board
To appeal, you or your attorney must file a “Notice of Appeal” with the Appeals Board within the time limit.
The Notice must be filed within 10 days of the expiration of time to seek reconsideration of the Department’s decision. Typically, this means within 40 days of the date of the Department of Alcoholic Beverage Control’s decision.
If the decision states it is “effective immediately,” however, then the Notice must be filed within 10 days.
You must send the signed original and three copies of the Notice to the Appeals Board, plus a copy to any other parties involved, including the Department of Alcoholic Beverage Control. There is no filing fee, but you will have to pay for a copy of the record, which is comprised of the hearing transcript and admitted exhibits.
Navigating Appellate Briefing and Pre-Hearing Procedures
Once the appellate record is ready, the Alcoholic Beverage Control Appeals Board will issue a schedule for an opening brief, an opposition, and a reply. The Board grants extensions of time only for a good reason, and only if you ask promptly.
Appellate briefs are technical legal documents that should be drafted by an attorney with a strong understanding California alcohol law. Licensees must tailor their defenses to fit within the Appeals Board’s power to review decisions, which is set by the California Constitution and by statute. Although the Board can review and correct legal errors, it has far less power to review the Department’s factual conclusions.
Making the Most of the ABC Appeals Board Hearing
The Alcoholic Beverage Control Appeals Board’s hearings occur by Zoom approximately once per quarter.
The judges typically give each side approximately 15-25 minutes to answer questions and advocate their position. There is no witness testimony because no new evidence is considered.
The Board does not issue decisions at the hearing, but it usually issues them soon afterwards.
Considering Post-Hearing Procedures and Further Appeals
The Alcoholic Beverage Control Appeals Board prepares written orders after the hearing and mails them to all parties. The orders are final and there is no opportunity to request reconsideration or rehearing.
Any party to the case, including the Department, can challenge the Appeals Board’s order by filing a writ of review with the Court of Appeal. You can’t introduce new evidence in the writ, but you can ask for errors to be corrected.
If you want to challenge a decision by the Alcoholic Beverage Control Appeals Board, you have to file a writ of review within 30 days of the Board’s order. Again, the writ is a technical legal document that should be drafted by a lawyer, preferably an appellate specialist.
Why Choose Gillian Garrett Law, PC for ABC Appeals?
Gillian is an alcohol beverage litigator with extensive experience—and an impressive record of success—defending clients in ABC proceedings, including cases before the California Alcoholic Beverage Control Appeals Board. She is familiar with the members of the Appeals Board, which operates independently of the ABC, and with recent decisions it has made in cases simliar to yours. Gillian recommends strategies to clients based on a thorough examination of their cases and the realistic likely outcomes—and you won’t need to consult a dictionary to understand her. She excels at translating complex laws and legal documents into plain English, ensuring that her clients fully understand the situation and their options for moving forward before making any decisions.
Frequently Asked Questions:
Within 40 days of the decision, unless the decision specifies it is to be effective immediately.
All of them!
Successful appeals usually involve legal errors.
The Boad reviews the transcript of the ABC hearing and the exhibits, along with briefs from both sides. Then they hold a short hearing.
No.
No. No penalty is imposed until the appeal is resolved.
The Department’s decision takes effect with little or no modification.
Yes. they can affirm or revise the decision, in whole or in part, including the penalty order.
Yes, you can file a writ with the California Court of Appeal.
Typically 6-12 months.
