Section 69.3 - Priority Drawings(a) Within 15 business days of the close of the priority application period, the department shall publish notice of the amount of priority applications received during the priority application period. If needed, this notice will also include the final scheduled date of all priority drawings. The date for any priority drawing shall not be prior to the previously noticed tentative date for the priority drawings sent pursuant to Title 4 California Code of Regulations section 69.1(b)(3). (1) Notice pursuant to this section shall be published on the department's website, and through direct electronic communication to stakeholders who have requested to be notified of the scheduling of priority drawings.(b) The department shall conduct all priority drawings in the following manner to ensure all priority applications are treated equally and fairly.(1) The department shall assign each priority applicant a randomized number in preparation for a priority drawing.(2) During the priority drawing, the department will randomly select the order of the randomized numbers establishing a priority order for all priority applicants.(3) Priority applicants will be made priority winners in the established randomized order, one applicant for each available license.(4) The department shall publish results of the priority drawing to its website and notify stakeholders who have requested to be notified of priority drawings through electronic communication within 15 business days of the priority drawing. This notice shall include the deadline for submission of formal applications by priority winners pursuant to Title 4 California Code of Regulations section 69.4(b).(c) The numeric list of priority applicants who are not priority winners in the randomized ordering established pursuant to Title 4 California Code of Regulations section 69.3(b)(2) shall be retained by the department until August 1st of the following year.(d) If a priority winner is disqualified, or withdraws, from a drawing with results still retained pursuant to Title 4 California Code of Regulations section 69.3(c), the department will notify the next highest priority applicant from the list and notify them of being a priority winner. This notice will include the deadline date for the submission of the formal application for the replacement priority winner pursuant to Title 4 California Code of Regulations section 69.4(c).(e) The department shall investigate all priority winners, chosen at the priority drawing or informed later pursuant to Title 4 California Code of Regulations section 69.3(d), to ensure each priority winner meets both the 90-calendar day residency requirement and the requirement that they have no direct or indirect interest in any other priority application submitted for the same priority drawing. This investigation must be complete prior to any action being taken upon a priority winner's formal application. (1) Proof of residency may be established using a valid California identification, a utility bill for a California address in the name of the priority applicant, a filing with the California Secretary of State, or the filing for a California tax identification number.(f) If it is determined that a priority winner did not comply with priority application requirements in Title 4 California Code of Regulations section 69.2(a), or provided inaccurate information in their priority application, that priority application will be disqualified by the department. If a priority applicant does not comply with Title 4 California Code of Regulations section 69.2(a)(4) and appears on multiple applications in the same priority draw, all priority applications in that priority draw bearing the same priority applicant shall be disqualified.Cal. Code Regs. Tit. 4, § 69.3
1. New section filed 6-29-2022; operative 6-29-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26). Note: Authority cited: Sections 23820, 23821 and 23961, Business and Professions Code. Reference: Sections 23816, 23817, 23818, 23820, 23821, 23961 and 24070, Business and Professions Code.
1. New section filed 6-29-2022; operative 6/29/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 28).
2. Amendment of subsections (a), (b)(4), (c) and (f) filed 10-2-2023; operative 10/2/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 40).