Cal. Code Regs. Tit. 10, § 3010 - Denial or Withdrawal of Approval

Current through Register 2021 Notice, Register No. 40, October 1, 2021

(a) If the Commissioner determines that a previously-approved continuing education offering no longer meets the prescribed statutory and regulatory standards for approval, or if the Commissioner determines that an instructor or lecturer for the course is no longer qualified, or that the course sponsor has engaged in activity violating the provisions of Article 25 (commencing with section 3005) of these regulations or has engaged in conduct which would have warranted the denial of an application for approval or withdrawal of approval of a continuing education offering, or the course differs materially from that which was previously approved, the Commissioner shall give written notice of withdrawal of approval setting forth the reasons for the determination. If the Commissioner determines, following an application for course approval, that the course will not meet the prescribed statutory and regulatory standards for approval or if the Commissioner determines that the instructor for the course is unqualified, the Commissioner shall give written notice of denial of approval setting forth the reasons for the determination. Withdrawal or denial of approval will be effective 30 days after the notice of withdrawal or denial is received by the sponsor unless the sponsor earlier files a written request for hearing on the withdrawal or denial action. If the request for hearing is received by the Commissioner before 30 days after the date of receipt of notice of withdrawal by the sponsor, the withdrawal or denial of approval shall not be effective unless and until ordered by the Commissioner pursuant to findings and conclusions reached after hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The hearing shall be commenced within 30 days after receipt of the request for hearing unless continued to a later date by order of the Commissioner or by agreement of the parties. In a hearing on an order of withdrawal issued by the Commissioner, the burden of proving that the course does not meet the prescribed statutory and regulatory standards for approval shall be on the Commissioner. In a hearing on an order of denial issued by the Commissioner, the burden of proving that the course meets the prescribed statutory and regulatory standards for approval shall be on the applicant.
(b) Petition for Reinstatement.
(1) The sponsor of an offering for which approval has been withdrawn pursuant to subdivision (a) may, after a period of not less than one year has elapsed from the effective date of the withdrawal of approval, petition the Commissioner in writing for reinstatement of approval of the offering. The petitioner shall be given the opportunity to present in writing argument and other evidence, statements or matters in support of the petition. The Commissioner shall decide the petition and the decision and the decision shall include the reasons therefor.
(2) Upon a showing of good cause, the Commissioner may allow the filing of a petition for reinstatement prior to the expiration of one year from the effective date of the withdrawal of approval.

Notes

Cal. Code Regs. Tit. 10, § 3010

Note: Authority cited: Sections 10080 and 10170.4, Business and Professions Code. Reference: Section 10170.4, Business and Professions Code.

1. Repealer and new section filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 30).
2. Amendment filed 7-5-84; designated effective 8-1-84 (Register 84, No. 27).
3. Amendment filed 3-18-88; operative 4-17-88 (Register 88, No. 14).
4. Amendment of subsection (a), new subsection (b) and subsection redesignation, and amendment of newly designated subsections (g)(1) and (g)(2) filed 11-8-93; operative 12-8-93 (Register 93, No. 46).
5. Repealer of subsections (a)-(f)(2), new subsection (a), subsection relettering, and amendment of newly designated subsections (b)(1) and (b)(2) filed 11-13-96; operative 11-13-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 46).
6. Amendment filed 9-16-2010; operative 1-1-2011 (Register 2010, No. 38).

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.