Cal. Code Regs. tit. 4 § 1440.5

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1440.5 - [Operative 1/1/2025] Licensing of Contractors and Sub-contractors
(a) An entity acting in any of the following capacities shall procure the appropriate license by completing and submitting to the Board an Application for License as a Contractor or Sub-contractor, CHRB-86 (New 02/23), which is hereby incorporated by reference, at least ninety (90) calendar days before the date the entity intends to commence business at live race meetings and/or simulcast wagering facilities and pay the required fee as follows:

(1) Totalizator Company......................................$1,000
(2) Simulcast Service Supplier............................$1,000
(3) Video Production Company........................... $250
(4) Timing Company.............................................$250
(5) Photo Finish Company...................................$250

(b) The initial license term shall be from the date of Board approval through one year from the last day of the issuance month. Renewal license terms shall be from the first day of the month following the last day of the previous license term through one year from the last day of the previous license term, unless complete renewal documents are not submitted in a timely fashion.
(1) An entity acting as a contractor or sub-contractor pursuant to subsection (a) of this section may apply to renew its license by submitting to the Board a completed contractor renewal form, to be provided by the Board, prior to the end of its current approval. The Board may require the entity to submit a new Application for License as a Contractor or Sub-contractor if it is deemed that a lapse in licensure or change in entity information warrants a new application.
(c)
(1) The Board shall notify an applicant in writing within 30 calendar days from the receipt date by the Board's Administrative office if its application is complete or deficient. If the application is deficient, the notice shall include instructions as to what is required of the applicant to complete the application.
(2) If the applicant fails to submit all documents needed to complete the application within one year from the receipt date of the application by the Board, the Board shall purge said application and all documents submitted thereto and require resubmittal of an application if the applicant, thereafter, intends to procure a license pursuant to this section.
(d) The Board shall approve or deny an application within 60 calendar days from the date the application is deemed complete by the Board.
(e) If the Board denies an application, the applicant has thirty (30) calendar days, from the receipt date of the Board's denial notification, to request a reconsideration of the Board's decision. This request must be in writing and sent to the Board's Administrative office. The Board shall respond in writing to the reconsideration request within thirty (30) working days from the receipt date of the request. If reconsideration is denied, the applicant may file for judicial review in accordance with Section 11523 of the Government Code.
(f) The Board may deny, suspend, or revoke the license on grounds or reasons that include, but are not limited to, the following determinations:
(1) The contractor/sub-contractor is ineligible to conduct business in this state pursuant to any federal or state statute.
(2) The contractor/sub-contractor or any of its officers, directors, partners, or principal management employees have engaged in any activity that is a basis for denial, suspension, or revocation of a license pursuant to this Division or has failed, refused, or neglected to comply with any Board order, rule, or regulation or order by the Board's Stewards reasonably related to its operations as a contractor/sub-contractor. The license shall remain denied, suspended, or revoked until all parties of the licensee comply with Board conditions. The remaining parties of the licensee shall not be prohibited from applying for a new license if compliance cannot be obtained from the offending party.
(g) If the Board fails to comply with the time frames outlined in this rule, the entity applicant may appeal, in writing, directly to the Board's Executive Director. Upon receipt of an appeal, the Executive Director shall render a decision, in writing to the applicant, within thirty (30) working days. If the appeal is decided in the applicant's favor, the license fee shall be refunded within fourteen (14) working days.

Cal. Code Regs. Tit. 4, § 1440.5

Note: Authority cited: Sections 19420 and 19440, Business and Professions Code. Reference: Sections 19510 and 19521, Business and Professions Code.

Note: Authority cited: Sections 19420 and 19440, Business and Professions Code. Reference: Sections 19510 and 19521, Business and Professions Code.

1. New section filed 9-12-95; operative 10-12-95 (Register 95, No. 37).
2. Change without regulatory effect amending subsections (a), (b), (f)(2) and (g) filed 6-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 25).
3. Amendment filed 10-25-2024; operative 1/1/2025 (Register 2024, No. 43).