Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Reconsideration topic
No spam. Unsubscribe anytime.
Board grants reconsideration for Burritos Grill but denies rehearing for Jamati licensee
Summary
The board granted Burritos Grill LLC's request for reconsideration after counsel said a hearing request was misrouted to a former employee's email account; the board denied a separate rehearing request from Toby Is Dead Inc. (doing business as the Jamati) after division arguments that renewals and hearing requests were not timely filed.
Two contested reconsideration matters drew extended discussion at the Feb. 26 meeting.
Burritos Grill LLC: Allison Rivera, counsel for Burritos Grill, asked the board to rescind or reconsider a revocation triggered by late renewal submissions and a missed administrative hearing request. Rivera acknowledged the renewal was late but said her office attempted to file a hearing request within the ten‑day period and that the request was inadvertently sent to a former board docket clerk whose email account remained active. "We were able to remedy some of them ... this one not so much," Rivera said, describing administrative confusion and saying a request for reconsideration was promptly filed once the error was discovered.
Assistant Attorney General Ben Westra and division counsel urged the board to deny reconsideration, arguing the licensee failed to follow the clear instructions provided in the official notice and that prior board decisions support denial in similar circumstances. The chairman disagreed with a strict procedural bar in this instance, citing an active former docket clerk account and an apparent routing error and moved to grant reconsideration. The motion was seconded and the board voted to remand the matter to the hearing officer for further proceedings.
Toby Is Dead Inc. (the Jamati): Rivera also represented Toby Is Dead Inc. and asked the board to reconsider a revocation. Division counsel Sharon McCoy argued the facts differed from the earlier Royal Palace matter and that the licensee failed to timely submit required renewals and to properly request a hearing; the division urged denial. After deliberation the board denied the motion for reconsideration and rehearing, concluding the licensee had not satisfied the narrow statutory grounds for rehearing.
Why this matters: the Burritos decision restores an opportunity for the licensee to seek administrative review on the merits rather than leave the revocation in effect. The Jamati's denial underscores the board's emphasis on consistent procedural enforcement where renewals and hearing requests were not timely filed.
Next steps: the Burritos matter will proceed before the hearing officer; the Jamati revocation remains in effect as the board denied reconsideration.
