Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board

The Department of Alcoholic Beverage Control filed an accusation against the Hallwell Company, a corporation, charging violation of section 25602 of the Business and Professions Code. A hearing was held and the hearing officer recommended a 15-day suspension of Hallwell’s general on-sale liquor license. The department adopted the hearing officer’s recommendation, and the decision of the department was mailed to Hallwell by certified mail on October 3, 1957.

On October 29, 1957, Hallwell mailed a letter to the department in Sacramento which stated that it was enclosing two copies of the following documents: 1. Bequest for reconsideration of decision; 2. Bequest for hearing before the director of the department; 3. Notice of appeal of said decision. The letter also said:

The letter with enclosures was received and filed by the department on October 31, 1957.

Only one document was enclosed with the letter. In the first paragraph this document states that Hallwell “petitions for reconsideration of the proposed decision. ...” The second paragraph reads in part: “Said request for reconsideration shall be based upon the following grounds ... 6. That in behalf of said Licensee a Notice…