Amended  IN  Senate  June 19, 2017
Amended  IN  Senate  May 24, 2017
Amended  IN  Assembly  April 19, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1285

Introduced by Assembly Member Gipson

February 17, 2017

An act to amend Sections 23083 and 24310 of, and to add Section 24301 to, to the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 1285, as amended, Gipson. Alcoholic Beverage Control Act: administrative hearings: records.
Existing law, the Alcoholic Beverage Control Act, requires a record of any administrative hearing of the Department of Alcoholic Beverage Control, and if an appeal is made to the Alcoholic Beverage Appeals Board, requires the board to determine the appeal upon the record of the department and upon any briefs authorized to be filed by the parties.
Existing law requires proceedings at an administrative hearing to be reported by a stenographic reporter unless there is consent for an electronic report.
This bill would authorize an audio record to be kept as the official record of any administrative hearing conducted by the Department of Alcoholic Beverage Control. In an appeal to the Alcoholic Beverage Appeals Board, when a hearing record has been created by audio recording, the bill would require the department to provide the board and each party with a written transcription and would also authorize the board to request that the department provide the board and each party with a copy of the audio recording in lieu of a transcript as a record of the administrative hearing. prohibit the department from creating a videographic recording of a hearing as a record and provide that a videographic recording is inadmissable in specified hearings.

If any party to the appeal requests the right to appear before the board, existing law requires the Alcoholic Beverage Appeals Board to fix a time and place for argument.

This bill would authorize the Alcoholic Beverage Appeals Board to keep a record of the argument before the board by audio recording.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 23083 of the Business and Professions Code is amended to read:
23083.

(a)The board shall determine the appeal upon the record of the department and upon any briefs which may be filed by the parties. If any party to the appeal requests the right to appear before the board, the board shall fix a time and place for argument. The board may keep a record of the argument by audio recording. The board shall not receive any evidence other than that contained in the record of the proceedings of the department.

(b)Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the determination.

SEC. 2.SECTION 1.

 Section 24301 is added to the Business and Professions Code, to read:

24301.
 Notwithstanding subdivision (d) of Section 11512 of the Government Code, an audio record may be kept as the official record of any administrative hearing conducted by the department. The department shall not create such a record by videographic recording. Videographic recording of a hearing shall be inadmissible in any proceeding before the Alcoholic Beverage Control Appeals Board or in any proceeding taken under Section 23090.

SEC. 3.Section 24310 of the Business and Professions Code is amended to read:
24310.

(a)Any person requesting a transcript from the department in a case on appeal to the Alcoholic Beverage Control Appeals Board, shall pay the transcript cost specified in Section 69950 of the Government Code. Any actual cost in excess thereof shall be paid by the Appeals Board from the Alcoholic Beverage Control Appeals Fund.

(b)A party in a case on appeal to the Appeals Board who, in 1983 or 1984, has paid that portion of the transcript fee in excess of the fee specified in Section 69950 of the Government Code shall be refunded that excess by payment from the Alcoholic Beverage Control Appeals Fund, providing the Appeals Board has not issued a dismissal or other final decision in the case on appeal.

(c)When a hearing record has been created by audio recording, the department shall provide the Appeals Board and each party with a written transcription of the audio recording. The Appeals Board may request that the department provide it and each party with a copy of the audio recording in lieu of a transcript. In these cases, the recording shall serve as the record of the hearing for purposes of Section 23083.