Checklist for Filing Appeals

This checklist (in addition to the FAQ section) is provided to help appellants navigate through the various steps that may be involved in filing an appeal with the Cannabis Control Appeals Panel. IMPORTANT NOTE: This checklist does not cover all potential situations. To ensure full compliance, refer directly to the CCAP regulations. Questions regarding pre-CCAP requirements should be directed to the Department of Cannabis Control. If necessary, seek professional or legal assistance.

Pre-CCAP Requirements:

1. Did the Department of Cannabis Control take an official act against you (e.g., license suspension or license denial)?

2. Did you timely request an administrative hearing to contest the Department’s action(s)?

3. Did the Department issue a final decision against you following the administrative hearing?

4. Are you either an annual licensee or annual license applicant?

If any of the answers are no, then you are not eligible to file an appeal with CCAP.

CCAP Appeal Requirements:

1. File and serve Form 6003 (Notice of Appeal) and Form 6005 (Certification of Email Address), along with proof of service, within 30 days from the last day on which the Department can reconsider the decision. See Rules 6003 and 6005.

2. File and serve the complete Administrative Record within 60 days from the filing of Form 6003. Note: If all parties agree, a partial Administrative Record may be submitted. See Rule 6004.

3. File and serve an opening brief within 30 days from the date the Administrative record was served on the Panel and other parties (if desired). See Rule 6006.

4. File and serve a reply brief within seven days from the day an opposition brief was filed by the Department, if applicable. See Rule 6006.

5. Submit written request for hearing (if desired) within 20 days of the Panel reaching its preliminary decision. See Rule 6007.

6. Prepare for and attend the hearing. Review Rule 6008 prior to the hearing.

Miscellaneous Items:

EVIDENCE

If relevant evidence has been newly discovered, any party may submit a request to remand the case back to the Department according to Rule 6009.

OTHER REQUESTS

All types of requests to deviate from the normal appeal framework (e.g. deadline extension, hearing location/time change) require a motion according to Rule 6010.