Section 87840 - Denial of Initial License(a) Except as specified in Section 87830, the Department shall deny an application for an initial license if the applicant is not in compliance with applicable laws and regulations. (1) The Department shall have the authority to deny an application for an initial license if the applicant has failed to pay any penalty assessments pursuant to Section 87854 and Section 87858 in accordance with a final judgment issued by a court of competent jurisdiction, unless payment arrangements acceptable to the Department have been made.(2) An application for licensure shall be denied as specified in Health and Safety Code Section 1568.042(b).(b) If the application for an initial licensee is denied, the Department shall mail the applicant a written Notification of Initial Application Denial -- LIC 192 (10/89). (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) An applicant shall have the right to appeal the denial of the application.(1) The applicant must make any request for a hearing by mailing or delivering a written request to the Department within 15 days after the Department mails the notice of denial.(2) The appeal hearing shall be conducted in accordance with chapter 5 commencing with Section 11500 of Part 1 of Division 3 of Title 2 of the Government Code.(d) 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, § 87840
1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9).
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (a)(1) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. New subsection (a)(2) and amendment of NOTE filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
5. Editorial correction (Register 2002, No. 14). Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Sections 1568.042(b), 1568.062, 1568.063 and 1568.072, Health and Safety Code.
1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9).
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (a)(1) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. New subsection (a)(2) and amendment of Note filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
5. Editorial correction (Register 2002, No. 14).