Los Angeles DCR Notice of Violation (NOV): Deadlines, Penalties, and How to Appeal Under LAMC § 104.13

Short answer: A Notice of Violation from the Los Angeles Department of Cannabis Regulation (DCR) is a formal enforcement action under Los Angeles Municipal Code (LAMC) § 104.13. It arrives by email, it carries an administrative penalty and/or a corrective-action order, and you have 15 days from the date DCR emailed it to request an administrative hearing. If you do nothing, the NOV becomes final on day 15 and the penalty invoice is due 30 days later. A final, unpaid, or uncured NOV can be used against you at renewal and can escalate to suspension or revocation.

This guide walks through the NOV process the way it actually runs in Los Angeles: where an NOV sits in DCR’s enforcement ladder, what the notice must contain, how the clock works, what a hearing looks like, and where the leverage points are.

Where the NOV sits in DCR’s enforcement ladder

LAMC § 104.13(a) gives DCR four tools, and it may use any of them within five years of discovering a violation of Article 4 (the cannabis ordinance), DCR’s Rules and Regulations, or a license condition:

The NTC is the soft opening. DCR typically issues one when it finds an unapproved modification: a DBA that was never disclosed, an owner or Primary Personnel change that was never submitted, or anything else DCR “deems appropriate.” An NTC has no fine attached, but if you don’t comply within 30 days, DCR may issue an NOV with penalties (§ 104.13(c)(2)). You can request an extension under § 104.13(b)(2), and you should do so in writing before the 30 days run rather than after.

Suspension and revocation run on a much faster track and are covered in a separate post on DCR suspension and revocation defense.

What an NOV must contain

Under § 104.13(d)(1), every NOV must include:

1. A brief description of the violation;
2. A description of, and rationale for, the administrative penalties and any corrective action;
3. A compliance timeframe, which cannot be sooner than 15 days from the email date; and
4. Instructions for requesting an administrative hearing under § 104.14.

Read item 2 carefully. The “rationale” is where DCR classifies the violation and justifies the penalty class. Penalty amounts are set by violation class in DCR’s Rules and Regulations and the fee schedule in LAMC § 104.19; repeat violations can be bumped to a higher class. If the rationale is thin, mismatched to the facts, or cites the wrong regulation, that is your first hearing issue.

The clock, precisely

There are actually three separate deadlines built into an NOV, and people routinely conflate them.

1. Hearing request: 15 days from the email date. Section 104.13(d)(2) says the licensee “shall request any administrative hearing within 15 days of the date DCR sent the NOV by electronic mail.” Note that § 104.14(c), as amended in September 2025, refers to a 30-day window for NOV appeals “unless a later date is provided in the notice.” Until DCR harmonizes the two sections, treat 15 days as the operative deadline and confirm it against the deadline printed on your NOV. Missing it is a failure to exhaust administrative remedies, which forecloses judicial review.

2. Appeal fee: 15 days from the invoice date. The NOV comes with an invoice for the Administrative Hearing Appeal Fee. It is due within 15 days of issuance. A hearing request is not “filed” until both the completed form is uploaded and the fee is paid (see below).

3. Penalty payment: 30 days after finality. If you don’t appeal, the NOV is final 15 days after the email date and DCR invoices the penalty, due 30 days later. If you do appeal and lose (in whole or part), the invoice comes with the hearing officer’s determination and is due 30 days from the invoice date. Corrective action must be completed within 30 days of the final determination unless the officer sets a different deadline.

Two procedural rules soften these deadlines slightly. Under LAMC § 104.03(d), if the last day falls on a Saturday, Sunday, or City holiday, the deadline rolls to the next business day. Under § 104.03(e), a payment is timely if you have scheduled and confirmed a payment appointment with the Office of Finance by the deadline, even if the appointment itself falls later. Screenshot the confirmation.

How to actually file the hearing request

A request for hearing is deemed filed only when two things are done:

1. Upload the completed Administrative Hearing Request Form (ENF-3001-FORM) to the DCR Licensing Portal (Accela). Go to My Records, open the NOV record, and use the Enforcement tab to upload. The current form is here: ENF-3001-FORM Administrative Hearing Request.
2. Pay the appeal fee to the Office of Finance (not to DCR). Payment options and locations are on the Office of Finance site; City Hall at 200 N. Spring Street is the main counter.

DCR’s own form warns that untimely or incomplete submissions “will result in rejection.” Do not email the form to an analyst and assume it counts.

The $2,000 deposit option. Since September 2025, § 104.14(c)(1) lets a licensee file with a $2,000 deposit toward the appeal fee instead of the full amount. The balance is due no later than 48 hours before the hearing date; miss that and the appeal is deemed abandoned and the hearing is cancelled. The deposit option is useful for cash-strapped operators who want to preserve the appeal while negotiating a stipulation, because DCR may credit the deposit against a negotiated penalty (§ 104.13(d)(6)).

Stipulated agreements: the option most people don’t know exists

Section 104.13(d)(6) authorizes DCR, “prior to or after issuing a NOV,” to enter into a written stipulated agreement in which the licensee admits the violation in exchange for a negotiated penalty or corrective action. DCR may apply your appeal fee or $2,000 deposit toward the stipulated amount.

Practically, this means the hearing request is also your negotiating leverage. Filing preserves your rights; the 60-day window before the hearing is when most NOVs get resolved. The factors DCR must weigh in reducing a penalty or extending time are listed in § 104.13(b)(2):

• extent of harm or potential harm;
• nature and persistence of the violation;
• length of time it occurred;
• history of past violations;
• mitigating evidence; and
• the licensee’s financial resources.

Build your mitigation package around those six factors. Corrective action already completed, updated SOPs, staff retraining logs, and clean inspection history are the kinds of things that move penalty class. Financial hardship is a listed factor, so if it applies, document it rather than merely asserting it.

Be aware that violating a stipulated agreement lets DCR issue or re-issue the NOV and impose the full authorized penalty.

What the hearing looks like

If no stipulation is reached, § 104.14 controls:

• Scheduling. DCR selects a hearing officer and schedules the hearing within 60 days of the filed request; the parties can agree to extend. Notice of hearing goes out by email at least 20 days before.
• Pre-hearing disclosures (7 calendar days before). Both DCR and the licensee must serve, simultaneously by email on the hearing officer and each other: (i) a brief statement of facts and issues, (ii) copies of all documentary evidence, and (iii) a witness list. Evidence not disclosed is at risk of exclusion. Treat this like a trial brief with exhibits, not a letter.
• Burden and standard. DCR bears the burden of proof by a preponderance of the evidence. Review is de novo: the hearing officer is not deferring to DCR’s determination and may uphold or reject the action in whole or in part.
• Evidence. The officer may accept “evidence on which persons would commonly rely in the conduct of their business affairs.” Hearsay and business records come in; credibility and weight are the fight.
• Record. DCR records the hearing by audio. You may, at your own expense, bring a certified court reporter. If a writ is a realistic possibility, do it.
• Penalty relief. The hearing officer may waive or reduce the NOV penalties after considering the § 104.13(b) factors above.
• Decision. Written decision with factual and legal basis within 30 days of the close of the hearing. It is final and effective when sent by email and U.S. mail.

DCR’s detailed procedures are published in LIC-4001-PRO, Administrative Hearing Procedures.

You may continue to conduct commercial cannabis activity while an NOV appeal is pending (§ 104.14(c)). The exception is an administrative hold on product under § 104.13(f), which stays in place through the hearing.

After the hearing: judicial review

A hearing officer’s final determination exhausts administrative remedies (§ 104.14(f)(6)). The next step is a petition for writ of administrative mandate in Los Angeles Superior Court under Code of Civil Procedure § 1094.5. Because DCR is a local agency, CCP § 1094.6 generally sets a 90-day filing deadline from the date the decision becomes final. The court reviews the administrative record, which is why the pre-hearing disclosures, the audio, and any court reporter transcript matter so much.

What happens if you ignore a final NOV

Section 104.13(d)(5) lists what DCR can do when a licensee fails to pay or cure after finality:

1. deny the license renewal;
2. impose more restrictive license conditions;
3. issue another or escalating NOV; or
4. suspend or revoke the license or Operating Permit.

Separately, DCR can collect unpaid penalties by civil action, lien, or tax assessment and recover its attorney’s fees for doing so (§ 104.13(b)(1)). An NOV that felt minor at issuance becomes a renewal problem twelve months later. Clear it, or fight it, but don’t leave it open.

A note on the state side

Most Los Angeles licensees also hold a Department of Cannabis Control (DCC) state license. A local NOV does not automatically trigger state discipline, but DCC’s regulations require notification of certain local actions, and DCC routinely reviews local enforcement history at renewal. If the conduct underlying the NOV also violates a DCC regulation (surveillance retention, track-and-trace, security), expect the two files to talk to each other. Coordinate your corrective action so the fix you document for DCR also satisfies the state standard.

Practical checklist when an NOV lands

1. Calendar three dates: 15 days (hearing request), fee invoice due date, and the compliance date in the notice.
2. Preserve everything relevant, especially surveillance footage, METRC records, and inspection reports, before anything auto-deletes.
3. Identify the cited regulation and compare it to the facts alleged. Wrong section, wrong date range, or wrong license type is a merits argument.
4. Begin corrective action immediately and document it. Completed correction is mitigation whether you stipulate or go to hearing.
5. File ENF-3001-FORM and pay (or deposit $2,000) before day 15. You can always withdraw a hearing request; you cannot revive a missed one.
6. Open a stipulation conversation with the DCR enforcement analyst assigned to the record.
7. If it goes to hearing, prepare exhibits and a witness list for the 7-day disclosure deadline and consider a court reporter.

Frequently asked questions

How long do I have to appeal a DCR Notice of Violation in Los Angeles?

Fifteen days from the date DCR emailed the NOV, under LAMC § 104.13(d)(2). The request is not filed until the ENF-3001 form is uploaded through the DCR portal and the appeal fee (or $2,000 deposit) is paid to the Office of Finance.

Can I keep operating while I appeal an NOV?

Yes. Section 104.14(c) allows a licensee to continue commercial cannabis activity pending the hearing officer’s final determination on an NOV, renewal denial, or administrative hold appeal. Suspension and revocation are different: you cannot operate while those appeals are pending.

What is the difference between a Notice to Correct and a Notice of Violation?

An NTC carries no fine and gives you a timeframe (typically 30 days) to fix an unapproved modification or other issue. An NOV carries administrative penalties and corrective action and is appealable to a hearing officer. Ignoring an NTC is how most NOVs get issued.

Who decides a DCR administrative hearing?

An administrative hearing officer selected by DCR. The officer reviews the matter de novo, DCR has the burden of proof by a preponderance of the evidence, and the officer may uphold, reject, or modify DCR’s action, including reducing or waiving penalties.

Can I negotiate an NOV penalty with DCR?

Yes. LAMC § 104.13(d)(6) authorizes stipulated agreements before or after an NOV issues. DCR may credit your appeal fee or deposit toward the stipulated penalty. Reduction factors are listed in § 104.13(b)(2).

What happens if I miss the appeal deadline?

The NOV becomes final and effective 15 days after the email date, the penalty invoice becomes due 30 days after issuance, and you have failed to exhaust administrative remedies, which generally bars a later writ petition. Your remaining options are payment, corrective action, and a possible stipulated agreement if DCR is willing.

Steve Baghoomian is a Los Angeles cannabis attorney and former California Department of Public Health special investigator. His practice focuses on DCR and DCC licensing, enforcement defense, and cannabis business transactions. This article is general information about Los Angeles municipal procedure, current as of September 2026, and is not legal advice for any specific matter. Statutory citations are to the Los Angeles Municipal Code, Chapter X, Article 4, available at codelibrary.amlegal.com.