California Penal Code

§ 26206

PEN § 26206 Effective Jan 1, 2026Div. 5 · Title 4 · Part 6 · Ch. 4

Statute text

(a)If a new license or license renewal pursuant to Section 26150, 26155, or 26170 is denied or revoked based on a determination that the applicant is a disqualified person for such a license, as set forth in Section 26202, the licensing authority shall provide the applicant with the notice of this determination as required under subdivision (d) of Section 26202, Section 26205, or paragraph (3) of subdivision (b) of Section 26195. The notice shall state the reason as to why the determination was made and also inform the applicant that they may request a hearing from a court, as provided in this section, to review the denial or revocation. The licensing authority shall provide the applicant with a copy of the most recent “Request for Hearing to Challenge Disqualified Person Determination” form prescribed by the Department of Justice under this section.

(b)The department shall develop a “Request for Hearing to Challenge Disqualified Person Determination” form for use throughout the state. The form shall include an authorization for the release of the applicant’s criminal history records to the appropriate court solely for use in the hearing conducted pursuant to this section. The “Request for Hearing to Challenge Disqualified Person Determination” form is deemed to be a local form expressly exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(c)Except as specified in paragraph (2), an applicant shall have 30 days after the receipt of the notice of denial described in subdivision (a) to request a hearing to review the denial or revocation from the superior court of their county of residence or, for nonresident applicants, the county in which the application was submitted. The request for hearing shall be made on the “Request for Hearing to Challenge Disqualified Person Determination” form prescribed by the department.

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Legislative history

Amended by Stats. 2025, Ch. 570, Sec. 10. (AB 1078) Effective January 1, 2026.