Statutes, codes, and regulations
California Code Of Regulations
Title 9 - Rehabilitative and Developmental ServicesDivision 4 - Department of Alcohol and Drug ProgramsChapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment FacilitiesSubchapter 2 - Licensing Process
Article 6 - Enforcement
Section 10540 - Denial of Licensure

Cal. Code Regs. tit. 9 § 10540

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 10540 - Denial of Licensure
(a) The Department may deny an application for a license for any of the following reasons:
(1) Review of the application indicates that the applicant is not in compliance with the provisions of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code and the requirements of this chapter;
(2) The applicant fails to remedy each deficiency identified pursuant to Section 10544 of this chapter;.
(3) The facility is not in substantial compliance with this chapter; or
(4) The applicant fails to pay any civil penalty assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550.
(b) If the Department denies an application for licensure, the Department shall send a written notice of denial to the applicant by certified mail. The notice shall:
(1) Explain the reasons for denial;
(2) Notify the applicant that he/she shall cease operating the alcoholism or drug abuse recovery or treatment facility within 10 days of the date of the notice;
(3) Advise the applicant of his/her right to a hearing in accordance with the provisions of Chapter 5, (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code;
(4) Notify the applicant that the Department shall assess a civil penalty of two hundred ($200) dollars a day, beginning on the 11th day after the date of the notice, if the applicant continues to operate an unlicensed facility.

Cal. Code Regs. Tit. 9, § 10540

1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).
5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).
7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
8. Amendment of section heading, text and NOTE filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
9. Change without regulatory effect renumbering and amending article heading filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).

Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.01, 11834.30, 11834.31, 11834.36 and 11834.37, Health and Safety Code; and Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2, Government Code.

1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).
5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).
7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
8. Amendment of section heading, text and Note filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
9. Change without regulatory effect renumbering and amending article heading filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).