Cal. Code Regs. tit. 4 § 1440.5

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1440.5 - [Operative until 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, CHRB-87 (Rev. 5/97), Application for License/Contractor or Sub-contractor, Application for Approval/Concessionaire 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) Every license granted by the Board under this rule shall expire on the last day of the issuance month and is renewable annually.
(c) The Board shall notify an applicant in writing within fourteen (14) 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:
(1) Instructions as to what is required of the applicant to complete the application.
(2) Instructions for requesting additional time to satisfy the requirements listed in the notification, if needed.
(d) The Board shall approve or deny an application within ninety (90) calendar days from the receipt date by the Board unless the applicant requests and is granted additional time to supply information.
(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 which 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 which is a grounds 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, 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

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).

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).