Section 35080 - Action to Suspend or Revoke Accreditation, Provisional Accreditation, or Course Approval(a) Accreditation, provisional accreditation, or course approval may be suspended or revoked by the Department for:(1) Failure to adhere to the standards and requirements for accreditation, provisional accreditation, or course approval;(2) Failure to properly administer, score, or maintain security of a required examination, examination answers, or results;(3) Failure to maintain approval or authority to operate granted by the Council For Private Postsecondary and Vocational Education;(4) Falsification of accreditation records, instructor qualifications, or other accreditation information;(5) Failure to provide the required course contact hours, course content, or coverage;(6) Misrepresentation of the contents of a course;(7) Failure to submit required information or notifications in a timely manner;(8) Failure to maintain required records;(9) Failure to comply with relevant federal, state, or local leaded paint statutes or regulations;(10) Failure to make modifications required by the Department within 30 days from the issuance date of the written notice of required modifications; or(11) Other conditions revealed by any means which would warrant suspension or revocation.(b) Suspension or revocation and an appeal of any suspension or revocation shall be conducted in compliance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(c) Prior to suspension or revocation, an accredited or provisionally accredited training provider will be given an opportunity, except in the case of willful violation or threat to public health and safety, to remedy deficiencies that may result in suspension or revocation.(1) The accredited or provisionally accredited training provider shall be given a statement which includes the Department's findings, an explanation of what the accredited or provisionally accredited training provider must do to comply with the regulations, and the time period in which the accredited or provisionally accredited training provider must act.(2) The accredited or provisionally accredited training provider must remedy the deficiencies within a reasonable time specified by the Department which shall be no more than 30 calendar days after the issuance date of the statement of deficiencies.(d) A training provider shall not offer course training when accreditation, provisional accreditation, or CDPH course approval is suspended or revoked, except, the Department, at its discretion, may permit the training provider to continue to offer training to students already enrolled. If training is not permitted to continue, a refund of all tuition and other charges shall be provided to students already enrolled, if applicable.Cal. Code Regs. Tit. 17, § 35080
1. New article 10 and 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 article 10 and 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 renumbering of former article 10 to article 11 and former article 11 to article 12 transmitted to OAL 2-23-95 and filed 4-5-95 (Register 95, No. 14).
4. Renumbering and amendment former article 11 to new article 12 and amendment of 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. Renumbering of former article 11 to new article 12 and amendment of 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 subsection (d) 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 article 10 and 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 article 10 and 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 renumbering of former article 10 to article 11 and former article 11 to article 12 transmitted to OAL 2-23-95 and filed 4-5-95 (Register 95, No. 14).
4. Renumbering and amendment former article 11 to new article 12 and amendment of 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. Renumbering of former article 11 to new article 12 and amendment of 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 subsection (d) and Note filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).