Section 30405 - Deadlines(a) For purposes of this subchapter: (1) Receipt of an application for any certificate, permit, or approval issued pursuant to this subchapter shall be deemed to occur on the date the application, information, documents, or fees are received by the Department; and(2) An application is considered acceptable when all documents, information, or fees required to be submitted on or with the application have been received by the Department, so as to allow the Department to determine if the applicant: (A) Is qualified for examination pursuant to sections 30440, 30444, 30451, 30455.1, or 30466, as applicable;(B) For an approval, meets the eligibility requirements pursuant to sections 30412 or 30427.2; or(C) When submitting an application pursuant to section 30414, meets the eligibility requirements specified in that section; and(3) Written notification by the Department to applicants shall be deemed to occur on the date the notifications are postmarked, or if electronically received, date of receipt as indicated on the electronic communication.(b) For any certificate or permit issued pursuant to this subchapter, the Department shall notify the applicant of one of the following:(1) Within 30 calendar days of receipt of an application, as specified in subsection (a)(1), that the application is not acceptable and what specific information, documentation or fee the applicant shall submit within 30 calendar days in order for the Department to consider the application acceptable as specified in subsection (a)(2)(A). The application shall be denied if the applicant, after a second request for specific information, documentation, or fees, fails to address the Department's specific request for information, documentation, or fees, submission of which is required to make the application acceptable. The applicant may alternatively submit a new application;(2) Within 30 calendar days of receipt of an application, that the application is an acceptable application, as specified in subsection (a)(2)(A), and what examinations the applicant shall pass within one calendar year;(3) Within 45 calendar days of taking an examination, whether the applicant has met the applicable eligibility requirement.(c) Within 120 calendar days of receipt of an application, as specified in subsection (a)(1), for an approval issued pursuant to this subchapter, the Department shall notify the applicant of one of the following:(1) That the application is not acceptable, or that the applicant did not pass the inspection required pursuant to sections 30412(b)(2) or 30427.2(c), and what specific information, documentation or fee the applicant shall submit within 30 calendar days in order for the Department to consider the application acceptable as specified in subsection (a)(2)(B) or (C). The application shall be denied if the applicant, after a second request for specific information, documentation, or fees, fails to address the Department's specific request for information, documentation, or fees, submission of which is required to make the application acceptable. The applicant may alternatively submit a new application;(2) That the application is acceptable and that the applicant has met the applicable eligibility requirements.(d) The Department shall deem an application to have been withdrawn by any applicant who fails to: (1) Pursuant to subsections (b)(1) or (c)(1), respond to the Department's request to submit specific information, documentation or a required fee; or(2) Pursuant to subsection (b)(2), pass Department-approved examinations.(e) Any applicant deemed by the Department to have withdrawn an application pursuant to subsection (d) may reapply by submitting a new application.Cal. Code Regs. Tit. 17, § 30405
1. Amendment of section and NOTE filed 10-11-2013; operative 10-11-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 41).
2. Amendment of subsections (a)(2)(A)-(B) and (c)(1) and amendment of NOTE filed 7-1-2023; operative 7-1-2023. Exempt from the APA pursuant to Health and Safety Code section 114871 and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26). Note: Authority cited: Sections 114870, 114871 and 131200, Health and Safety Code. Reference: Sections 107000, 107005, 107010, 131050, 131051 and 131052, Health and Safety Code.
1. Amendment of section and Note filed 10-11-2013; operative 10-11-2013 pursuant to Government Code section 11343.4(b)(3)(Register 2013, No. 41).
2. Amendment of subsections (a)(2)(A)-(B) and (c)(1) and amendment of Note filed 7-1-2023; operative 7/1/2023. Exempt from the APA pursuant to Health and Safety Code section 114871 and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26).