OSCs, OAH, hearings, CAPAs. Plain English, cited to the regulation, updated as the rules change.
Scope. When a DCC notice lands, the first 72 hours define everything that follows. This guide covers notice anatomy, response windows, OAH procedure, and the decisions you make in the first week. Anchored to the DCC Disciplinary Guidelines (amended July 2022), CCR Title 4 §§ 15000–17905, and BPC §§ 26030–26038.
An enforcement notice is not a conversation. It is a clock, an allegation, and a narrow opening to preserve your license. Treat it that way.
Each notice type has its own clock. Missing a window is a substantive waiver, not a scheduling error. Default judgments stand.
A Type 11 distributor in Alameda County is served with an Accusation citing (a) two undisclosed FIHs under CCR § 15004, (b) unlogged METRC destruction events, and (c) deficient camera coverage of the vault interior under CCR § 15046. Proposed discipline under the DCC Disciplinary Guidelines (July 2022): 90-day suspension + $25,000 fine + 2-year probation. Clock: 15 days to file a Notice of Defense under Gov. Code § 11506. Operator response: evidence preservation inside 24 hours, Notice of Defense on day 10, FIH disclosures filed inside 72 hours, CAPA for camera coverage within 10 business days. Pre-hearing settlement: stipulated decision — 30-day suspension stayed, $12,500 fine, 1-year probation, quarterly compliance audits.
Intake. Don’t respond verbally to DCC staff beyond confirming receipt. Engage counsel and compliance consultant immediately.
Document preservation. Email, Drive, METRC, POS, security DVR — freeze and collect. Litigation hold letter to staff.
Response strategy. Is the factual record defensible? What’s the narrowest possible remediation? Is a stipulated decision preferable to a full hearing?
Counsel coordination. Finalize the response framework. Begin evidence compilation. Schedule any necessary expert declarations.
Formal response drafted. Cite-by-cite rebuttal where appropriate; procedural defenses preserved; factual clarifications documented.
Serious enforcement actions are heard at the California Office of Administrative Hearings. Key phases:
Most enforcement matters resolve short of final hearing. A stipulated decision is a negotiated agreement — the licensee accepts a defined finding in exchange for reduced penalty, reduced suspension, or narrowed conditions of probation. It is the quietest path when the factual record does not fully support dismissal but the proposed discipline is heavier than the conduct warrants.
