Section 426 - Denial of Application for Determination of Therapeutic Use Exemption, Appeals(a) An incomplete TUE application may be deemed denied without further action by the commission.(b) If the commission reasonably determines based upon the facts and circumstances of a particular application that the TUE application has been submitted for the purpose of enhancing the athlete's performance and/or giving the athlete an advantage over his/her competitor(s), the commission shall deny the TUE application.(c) A TUE shall not be granted when the commission reasonably concludes that denying the TUE application is in the best interests of protecting the public, or the health and safety of licensed athletes.(d) If an application for TUE is denied, the athlete may submit an appeal in writing to the commission with seven (7) days of the commission's decision. The commission will set the matter for hearing within 30 days.Cal. Code Regs. Tit. 4, § 426
1. New section filed 9-15-2016; operative 1-1-2017 (Register 2016, No. 38). Note: Authority cited: Section 18611, Business and Professions Code. Reference: Sections 18640, 18642, 18648, 18661 and 18711, Business and Professions Code.
1. New section filed 9-15-2016; operative 1/1/2017 (Register 2016, No. 38).