Section 35078 - Accreditation Procedures(a) Within 30 calendar days of receipt of an application for accreditation, renewal, or course approval, the Department shall inform the applicant in writing that the application is either complete or incomplete and what additional information documentation is required to complete the application. (1) If an applicant submits required information or documentation within 30 days from the issuance date of the notice of incompleteness, the Department shall issue a written notice of completeness.(2) If an applicant fails to submit required information or documentation within 30 days from the issuance date of the notice of incompleteness, the application shall be deemed to be abandoned and reapplication shall be required.(3) An application may be withdrawn by written request to the Department.(b) Within 60 calendar days from the issuance date of the notice of completeness, the Department shall grant or deny provisional accreditation, renewal, or provisional course approval. (1) If denied, the Department shall state, in writing, the reasons for denial.(2) If granted, a written notice containing an accreditation number and course number(s), shall be sent to the applicant. (A) The issuance date of the written notice shall be the effective date of provisional accreditation, renewal, or provisional course approval.(B) Upon issuance of the written notice granting provisional accreditation or course approval, an accredited training provider may commence offering a CDPH-approved course(s).(c) Processing Time: (1) Pursuant to the Permit Reform Act, Government Code section 15376, the minimum, median, and maximum elapsed time to process an application for accreditation, renewal, or course approval, and issue a written notification of approval shall be as follows: (A) Minimum: 15 calendar days.(B) Median: 30 calendar days.(C) Maximum: 260 calendar days.(2) The Department may exceed the maximum time as provided above if the applicant requests in writing a delay of consideration of the application or issuance of a written notification of provisional accreditation, renewal, or provisional course approval.(d) In making a determination of whether to grant or deny provisional accreditation, renewal, or provisional course approval, the Department may take into consideration various factors, including, but not limited to the following: (1) Failure to satisfy eligibility requirements for accreditation;(2) Failure to satisfy eligibility requirements for course approval;(3) Past history of revocation of accreditation;(4) False statements in the application; or(5) Failure to provide further required documentation or information requested by the Department.(e) Provisional status shall be removed if an accreditation audit indicates that requirements for accreditation are satisfied. (1) A provisionally accredited training provider shall permit the Department to conduct an accreditation audit without charge to the Department. Advance notice shall not be required prior to conducting an accreditation audit.(2) An accreditation audit shall be conducted within 365 calendar days following the issuance of provisional accreditation.(3) An accreditation audit shall be performed on site and shall include, but not be limited to, a review of: records, including Course Completion Forms and attendance records; facilities; instructional curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; and coverage.(f) Provisional status shall be removed if a course audit indicates that requirements for CDPH course approval are satisfied. (1) A provisionally accredited or accredited training provider shall permit the Department to conduct a course audit without charge to the Department. Advance notice shall not be required prior to conducting a course audit.(2) A course audit shall be conducted within 365 calendar days following the issuance of provisional course approval.(3) A course audit shall be performed on site and shall include, but not be limited to, a review of: instructional curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials, course content; and coverage.(g) If an accreditation or course audit indicates that requirements for accreditation or course approval are not satisfied, the Department shall issue, within seven working days of completion of the accreditation or course audit, written notice of required modifications.(1) Written notice shall include an explanation of the Department's audit process, a statement of inadequacies found upon audit, possible actions that may be imposed, a description of procedures available if the training provider desires an opportunity to explain or justify the findings of the audit, steps that must be taken to correct any inadequacies, and any applicable deadlines.(h) If an accreditation or course audit indicates that requirements for accreditation or course approval are satisfied, a written notice removing provisional accreditation or provisional course approval shall be issued within seven working days after completion of an accreditation or course audit. (1) Accreditation shall be valid for a period of three years and shall not be transferable.(2) Renewal applications shall be required at least 120 calendar days prior to the expiration date of accreditation.(i) An accredited training provider shall permit the Department to conduct on-site investigations at any time. Advance notice shall not be required. On-site investigations may include, but are not limited to, a review of: records, including Course Completion Forms and attendance records; facilities; training curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; and coverage.Cal. Code Regs. Tit. 17, § 35078
1. New section filed 6-27-94 as an emergency; operative 6-27-94 (Register 94, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-21-94 as an emergency; operative 10-26-94 (Register 94, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-24-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-21-94 order including amendment of subsections (c)(1), (e)(2) and (f)(2) transmitted to OAL 2-23-95 and filed 4-5-95 (Register 95, No. 14).
4. Amendment of section and NOTE filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and NOTE refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-20-98 order transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
7. Amendment of subsections (b)(2)(B) and (f) and NOTE filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18). Note: Authority cited: Sections 105250, 124160 and 131200, Health and Safety Code. Reference: Sections 105250, 124160 and 131051, Health and Safety Code.
1. New section filed 6-27-94 as an emergency; operative 6-27-94 (Register 94, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-21-94 as an emergency; operative 10-26-94 (Register 94, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-24-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-21-94 order including amendment of subsections (c)(1), (e)(2) and (f)(2) transmitted to OAL 2-23-95 and filed 4-5-95 (Register 95, No. 14).
4. Amendment of section and Note filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-20-98 order transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
7. Amendment of subsections (b)(2)(B) and (f) and Note filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).