Cal. Code Regs. Tit. 9, § 10529 - Extension of Period of Licensure

(a) At least 120 days prior to the expiration date noted on the license, the Department shall send a notice to the licensee which shall:

(1) Inform the licensee of the date when the current period of licensure will expire, as specified on the license;

(2) Inform the licensee that the period of licensure will be extended if the licensee:

(A) Updates the licensing information contained in the licensee's application for licensure;

(B) Pays all licensing fees in accordance with Section 10701;

(C) Pays any civil penalties assessed in accordance with Section 10547 and adjudicated pursuant to Section 10550; and

(D) Maintains a valid fire clearance.

(3) Notify the licensee that failure to pay all licensing fees due or to return the information requested by the date of expiration specified on the notice will result in automatic expiration of the license and that continued operation of the facility beyond the date of expiration is prohibited by Section 11834.30 of the Health and Safety Code and Section 10505 of this chapter.

(b) If the licensee complies with the requirements of Subsection (a)(2) of this regulation, the Department shall automatically extend the period of licensure, unless the Department has petitioned the court to enjoin operation of the facility, pursuant to Section 10548(f).

(c) If the licensee fails to comply with the requirements of Subsection (a)(2) of this regulation, the license shall automatically expire as of the date specified on the license.

(d) The Department shall not extend the period of licensure until all licensing fees and/or civil penalties, assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550, have been paid in full.

(e) Failure to pay licensing fees and/or civil penalties, assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550, within thirty (30) days after the date the period of licensure expires shall be deemed a voluntary relinquishment of the license.

(f) In the event that the licensee voluntarily relinquishes the license, in order to reapply for licensure the licensee shall:

(1) Submit a new application for licensure, pursuant to Article 3 (commencing with Section 10514) of this chapter:

(2) Pay a licensing fee; and

(3) Pay all outstanding licensing fees and all unpaid civil penalties, assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550.

Notes

Cal. Code Regs. Tit. 9, § 10529

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 (Government Code 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 (Government Code 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 (Government Code 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. Repealer of subsection (e)(3) and amendment of NOTE filed 11-3-92 as an emergency; operative 11-3-92 (Register 92, No. 45). A Certificate of Compliance must be transmitted to OAL 3-8-93 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-3-92 order transmitted to OAL 2-2-93 and filed 3-17-93 (Register 93, No. 12).
10. Amendment of section heading, text and NOTE filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
11. Change without regulatory effect amending subsection (a)(2)(A) filed 6-12-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 24).
12. Amendment of subsections (a)(2)(B), new subsection (f)(2), subsection renumbering and amendment of NOTE filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsections (a)(2)(B), new subsection (f)(2), subsection renumbering and amendment of NOTE refiled 12-21-2009 as an emergency; operative 12-27-2009 (Register 2009, No. 52). A Certificate of Compliance must be transmitted to OAL by 3-29-2010 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 12-21-2009 order transmitted to OAL 3-10-2010 and filed 4-20-2010 (Register 2010, No. 17).

Note: Authority cited: Sections 11755, 11833.04, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11833.02, 11834.01 and 11834.16, Health and Safety 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 (Government Code 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 (Government Code 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 (Government Code 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. Repealer of subsection (e)(3) and amendment of Note filed 11-3-92 as an emergency; operative 11-3-92 (Register 92, No. 45). A Certificate of Compliance must be transmitted to OAL 3-8-93 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-3-92 order transmitted to OAL 2-2-93 and filed 3-17-93 (Register 93, No. 12).
10. Amendment of section heading, text and Note filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
11. Change without regulatory effect amending subsection (a)(2)(A) filed 6-12-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 24).
12. Amendment of subsections (a)(2)(B), new subsection (f)(2), subsection renumbering and amendment of Note filed 6-29-2009 as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsections (a)(2)(B), new subsection (f)(2), subsection renumbering and amendment of Note refiled 12-21-2009 as an emergency; operative 12-27-2009 (Register 2009, No. 52). A Certificate of Compliance must be transmitted to OAL by 3-29-2010 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 12-21-2009 order transmitted to OAL 3-10-2010 and filed 4-20-2010 (Register 2010, No. 17).