Section 81040 - Denial of Initial License(a) Except as specified in Section 81030, which provides for issuance of a provisional license based upon substantial compliance and urgent need, the licensing agency shall deny an application for an initial license if it is determined that the applicant is not in compliance with applicable law and regulation. (1) The licensing agency shall have the authority to deny an application for an initial license if the applicant has failed to pay any civil penalty assessments pursuant to Section 81058 and in accordance with a final judgment issued by a court of competent jurisdiction, unless payment arrangements acceptable to the licensing agency have been made.(2) An application for initial licensure shall not be denied solely on the basis that the applicant is a parent who has administered or will continue to administer corporal punishment, not constituting child abuse as defined in Section 11165, subdivision (g) of the Penal Code, or Section 1531.5(c) of the Health and Safety Code, on his/her own child(ren).(3) An application for licensure shall be denied as specified in Health and Safety Code sections 1520.11(b), (d) and 1550.(b) If the application for an initial license is denied, the licensing agency shall mail the applicant a written notice of denial. (1) The notification shall inform the applicant of and set forth the reasons for the denial, and shall advise the applicant of the right to appeal.(c) If the application for an initial license is denied, the application processing fee shall be forfeited.(d) An applicant shall have the right to appeal the denial of the application pursuant to Health and Safety Code section 1526.(e) Notwithstanding any appeal action, the facility is unlicensed and shall not operate pending adoption by the director of a decision on the denial action.Cal. Code Regs. Tit. 22, § 81040
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2). Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and Institutions Code; Sections 1520, 1520.11, 1523.1, 1525, 1526, 1547, 1548 and 1551, Health and Safety Code; and Section 11500 et seq., Government Code.
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).