(a) The licensing agency shall deny an application for a license if it is determined that the applicant is not in compliance with applicable laws and regulations. (1) The licensing agency shall have the authority to deny an application for a license if the applicant has failed to pay any civil penalty for unlicensed operation assessed pursuant to Section 89255, Penalties for Unlicensed Homes, 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) The Department may deny any license as specified in Health and Safety Code section 1550.(3) An application for a license shall not be denied solely on the basis that the applicant is a parent who has administered or will continue to administer corporal punishment that does not constitute child abuse as defined in Penal Code sections 11165.6, 273a, and 273d, or Health and Safety Code section 1531.5, subsection (c) to his or her own child(ren).(b) If the application for a license is denied, the licensing agency shall mail the applicant a written notice of denial. (1) The notification shall inform the applicant of the denial, set forth the reasons for the denial, and advise the applicant of the right to appeal.(c) An applicant shall have the right to appeal the denial of the application pursuant to Health and Safety Code section 1526 and in accordance with Health and Safety Code section 1551.(d) Proceedings to hear an appeal of a denial shall be conducted pursuant to Health and Safety Code section 1551(a).(e) Notwithstanding any appeal action, the home that has been denied a license is unlicensed and shall not operate pending adoption of a decision on the denial action by the Director.Cal. Code Regs. Tit. 22, § 89240
1. Renumbering of former section 87040 to section 89240, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87040 to section 89240, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10). Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1501, 1520, 1520.3, 1522, 1522.1, 1522.2, 1525, 1526, 1531, 1531.5, 1547, 1550, 1551, and 1558.1, Health and Safety Code; Sections 273a, 273d, 11165, 11165.1, 11165.2, 11165.3, 11165.4 and 11165.6, Penal Code; and Sections 11500, et seq., Government Code.
1. Renumbering of former section 87040 to section 89240, including amendment of section and Note, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87040 to section 89240, including amendment of section and Note, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).