Understanding Appeals to the Alcoholic Beverage Control Appeals Board
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.
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.
Industry members should contact an alcohol attorney early to make sure they request an appeal on time.
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 who understands 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 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 specializes in defending clients in ABC proceedings, including cases before the California Alcoholic Beverage Control Appeals Board. She has a built a strong record of success.
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 review the transcript of the ABC hearing and the exhibits, and they review 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.
Usually 6-12 months.