How to Appeal a Los Angeles DCR Notice of Violation or Revocation

Receiving an enforcement notice from the Los Angeles Department of Cannabis Regulation (DCR) is not the same thing as losing an appeal. But the type of notice matters enormously: a Notice of Violation, administrative hold, suspension, and revocation do not all use the same deadline or allow the same operations while a hearing is pending.

Which DCR actions can be appealed administratively?

Los Angeles Municipal Code section 104.14(a) authorizes administrative hearing requests for a Notice of Violation (NOV), denial of certain renewal applications, administrative holds, specified eligibility determinations, and Notices of Suspension or Revocation under the listed ordinance sections. The legal label, cited authority, and date of service should be identified before preparing a request.

What is the filing deadline?

Under section 104.14(b), a hearing request for the covered suspension or revocation actions is due within five days of email transmission of the notice. The hearing must occur within ten days of the notice unless the parties agree to a later date. For the NOV and other actions listed in section 104.14(a)(1)–(4), subsection (c) generally provides 30 days from the emailed written decision, unless the notice provides a later date.

A request is not necessarily considered filed simply because counsel sent an email saying the action is contested. The ordinance ties filing to submission of required appeal documents, information, and fees. Review the notice, forms, governing ordinance, and current DCR instructions immediately.

How are fees handled?

Section 104.14(c)(1) provides an option to pay a $2,000 deposit toward the administrative hearing appeal fee for specified non-suspension/revocation appeals. The balance must be paid no later than 48 hours before the hearing, or the appeal will be deemed abandoned and the hearing canceled. Do not presume the same deposit route applies to the expedited suspension/revocation track. Confirm the current fee schedule under section 104.19.

May the business continue operating during an appeal?

For the NOV and other actions addressed in section 104.14(c), the ordinance generally permits commercial cannabis activity while the hearing officer decides, although an administrative hold on goods remains effective. For suspension or revocation appeals under subsection (b), the licensee may not conduct commercial cannabis activity pending the outcome. These distinctions can determine payroll, lease, and inventory decisions.

What happens at the hearing?

Section 104.14(f) places the burden of proof on DCR by a preponderance of the evidence. The officer reviews the matter de novo and may uphold or reject the action, in whole or part. The ordinance allows the officer to consider evidence on which people commonly rely in business, so the hearing is not identical to a civil jury trial. Witness preparation, contemporaneous exhibits, and clear objections still matter.

The ordinary track has a pre-hearing disclosure deadline generally seven calendar days before the hearing. The expedited suspension/revocation track requires simultaneous email service of disclosures on the other party and hearing officer no later than two days before the hearing under subsection (b). A final hearing officer determination generally exhausts administrative remedies under the ordinance; any subsequent judicial review requires separate analysis.

What should a licensee do on day one?

Save the notice with its original email metadata. Calendar the relevant deadline without assuming weekends or holidays change the calculation unless the governing law supports that treatment. Gather inspection reports, agency correspondence, photographs, operating procedures, employee records, surveillance retention information, and evidence of corrective steps. Match every defense and exhibit to a specific allegation. Verify that all forms and payments needed for a complete appeal are submitted on time.

Frequently asked questions

Is every DCR appeal due within 30 days?

No. The ordinance sets a five-day period for covered suspension and revocation notices and generally a 30-day period for the other listed administrative appeals.

Does filing an appeal automatically remove an inventory hold?

No. Section 104.14(c) provides that an administrative hold stays in effect pending the administrative determination.

Who has the burden of proof at the DCR hearing?

DCR must prove its case by a preponderance of the evidence under section 104.14(f).

Protecting the appeal deadline

Classify the notice first, calculate the correct deadline second, and build the record immediately. Administrative litigation is often shaped by early procedural decisions that cannot easily be undone later.

Primary authorities: LAMC §104.14(a)–(f); LAMC §104.13.

Related reading: Los Angeles DCR Notice of Violation: Deadlines, Penalties, and Appeals and Can DCR revoke a license for one violation?.

About Baghoomian Law: Baghoomian Law represents California cannabis businesses in licensing disputes, DCC and DCR enforcement actions, and administrative litigation. This article provides general information, not legal advice. Legal outcomes depend on the facts and the law in effect at the time.