Glossary

DISCLAIMER: THE DEFINITIONS PROVIDED BELOW ARE NOT GENERAL, LEGAL DEFINITIONS. THEY ARE DEFINITIONS IN RELATION TO CCAP’S APPEALS PROCESS AND PROCEDURES. NOTHING PROVIDED BELOW SHOULD BE INTERPRETED AS GENERAL LEGAL ADVICE OR REFERENCE. THESE DEFINITIONS ARE PROVIDED TO HELP ILLUSTRATE HOW CCAP OPERATES.

  • Administrative Hearing: The trial-like proceeding where disagreements between a license applicant (or a current licensee) and the Department of Cannabis Control regarding the Department’s decision are resolved. Both sides present evidence and arguments regarding the decision in dispute. Unlike a formal trial, an administrative hearing is often shorter and involves more informal procedural rules.
  • Administrative Law Judge (ALJ): The neutral judicial officer who presides over the administrative hearing. ALJs are separate and independent from the Department and various parties that appear before them.
  • Administrative Record: All documents and evidence (including the transcripts) of the underlying administrative hearing as well as any additional documents or information relied on by the Department in reaching its final decision.
  • Affidavit: A sworn statement in writing made under the penalty of perjury.
  • Affirm: When the Panel concludes that the Department’s decision was correct.
  • Appellant: Any party that files an appeal with the Panel.
  • Brief: A legal document that argues for a specific position. In an appeal with CCAP, there are three kinds of briefs –
    • Opening: The Appellant’s initial brief which argues why the Department’s decision was wrong.
    • Opposition: The Department’s response to the opening brief which argues why the Department’s decision was correct.
    • Reply: The Appellant’s final brief which responds to the arguments raised in the opposition brief.
  • California Court of Appeal: One of two judicial authorities that a party may appeal the Panel’s final order to. There are numerous courts of appeal spread across six appellate districts in the state. For more information, please visit their website: https://www.courts.ca.gov/courtsofappeal.htm
  • California Supreme Court: The other judicial authority that a party may appeal the Panel’s final order to. The Supreme Court is the highest court in the state. For more information, please visit their website: https://www.courts.ca.gov/supremecourt.htm
  • Commercial Cannabis Activity: “Commercial Cannabis Activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products.
  • Continuance: A postponement of a hearing.
  • Department of Cannabis Control (the “Department”): The Department is the lead agency in regulating commercial cannabis licenses for medical and adult-use cannabis in California. The Department is responsible for licensing retailers, distributors, testing labs, microbusinesses, manufacturers, and cultivators.
  • Dismissal: When the Panel terminates an active appeal. For example, the Panel may dismiss a case if the Appellant does not file the Administrative Record on time.
  • Evidence in the Record: The administrative record contains all evidence allowed in a hearing before CCAP, including the transcript of the administrative hearing and any exhibits. Parties may not change, alter, add to, or redact evidence in the record in any way. For example, modifying an exhibit, including adding arrows, commentary and explanations, captions, or notes, is not permitted.
  • Ex Parte Communication: Impermissible communication between any party and the Panel about any issue before the panel that takes place outside the presence of all other parties to the appeal.
  • Jurisdiction: The scope of an agency’s legal authority. For example, CCAP may not reconsider factual findings. CCAP must accept the Department’s factual findings and conclusions in the underlying hearing as conclusive and not subject to review.
  • License applicant: An owner or main proprietor of a commercial cannabis entity who is applying for a license with the Department.
  • Licensee: An individual or organization who currently has a license with the Department to engage in commercial cannabis activity.
  • Motion: A written request by a party asking the Panel to rule in the requesting party’s favor on a specific question or matter.
  • Notice: A notification that informs the recipient of specific information that may affect their legal rights, duties, or obligations.
  • Office of Administrative Hearings (OAH): Where an administrative hearing takes place to resolve the underlying issue(s) between the Department and either a license applicant or licensee.
  • Order (as in Final Order of the Panel): The Panel’s ultimate ruling on the appeal based on the complete record, any and all briefs, and oral argument. The Panel’s order is final once it is in writing and copies are delivered to all parties to the appeal.
  • Party: A party is any entity before the Panel. Generally, this is limited to the Department and either the license applicant or license holder that disagrees with a final decision of the Department.
  • Petition for Writ of Review: When any party to the appeal makes a formal request to either a California Court of Appeal or the California Supreme Court to review and overturn the Panel’s final order.
  • Proof of Service: The document which confirms that a legal document (e.g. Notice of Appeal) has been delivered to the intended party or parties.
  • Quasi-Judicial Administrative Review: The process by which the Panel reviews the decision of the Department and decides whether to affirm or reverse it. The process is similar to a civil case in court, but less formal.
  • Remand: When the Panel returns the case back to the Department for reconsideration.
  • Reverse: When the Panel concludes that the Department’s decision was incorrect.
  • Settlement: When parties to the appeal reach a resolution of the underlying issue(s). If all parties stipulate that a settlement has been reached, the Panel will dismiss the case.
  • Stay: When the Panel temporarily prevents the Department’s decision from going into effect until the Panel enters its final order on the appeal. If the Panel grants a stay, the final decision of the Department will NOT go into effect until CCAP issues a final order.
  • Stipulation: A formal agreement as to a specific issue between the parties to the appeal.