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Administrative Law Keyed to Asimow
Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
Citation:
145 P.3d 462 (2006)Facts
The Department of Alcoholic Beverage Control is a unitary agency with exclusive authority to license alcoholic beverage sales in California and to suspend or revoke licenses. Between May and August 2002, the Department filed accusations against three licensees: Quintanar for allegedly selling beer to an obviously intoxicated customer, and KV Mart Co. and Kim for allegedly selling alcoholic beverages to a 19-year-old decoy. In each case, the ALJ dismissed the accusation after an evidentiary hearing. After the hearings but before final decisions, Department prosecutors prepared confidential “reports of hearing” summarizing the issues, evidence, and recommending specific dispositions. These reports were sent to the Department’s chief counsel but not to the licensees. The Department then rejected the ALJs’ proposed decisions and suspended all three licenses. When the licensees appealed and requested copies of these reports, the Department refused to produce them, claiming attorney-client privilege and work product protection.
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