Cal. Code Regs. Tit. 9, § 9834 - Suspension or Revocation of Licensure

(a) The Department may seek suspension or revocation of a license, in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, when:

(1) The licensee is issued a notice of deficiency for any alleged action which has resulted in death, serious physical harm, or imminent danger to a participant or the general public;

(2) The licensee has been convicted of selling DL 101, Notice of Completion certificates.

(3) The licensee has been found to have given credit to a participant for program services not attended and subsequently issued DL 101, Notice of Completion certificate.

(4) The licensee fails to correct any Class A deficiency by the date specified in the notice of deficiency;

(5) The licensee demonstrates a pattern of noncompliance by a chronic failure to correct the same Class B or C deficiencies cited in prior compliance reviews;

(6) The licensee fails to pay licensing fees assessed in accordance with Section 9822; or

(7) The licensee fails to pay civil penalties assessed in accordance with Section 9827 and adjudicated in accordance with Section 9830.

(b) The Department shall deliver to the licensee, in person or by certified mail, an accusation and notice of suspension or revocation, which shall:

(1) Inform the licensee that the program's license is being suspended or revoked and the effective date of the suspension or revocation,

(2) Explain the reason(s) for the suspension or revocation,

(3) Order the licensee to suspend operation of the program as of the date specified on the notice, and

(4) Explain the licensee's right to an administrative review in accordance with Section 9836.

(c) Expiration, forfeiture, or surrender of a license shall not prohibit the Department from taking action to deny, suspend, or revoke licensure in accordance with the provisions of Chapter 9 (commencing with Section 11836) of Part 2, Division 10.5 of the Health and Safety Code or this Chapter.

(d) The Department may suspend operation of a licensed program prior to a hearing, when such action is necessary to protect participants or the general public from physical or mental abuse, abandonment, or any other substantial threat to the participants' health or safety. If the Department takes such action, the notice of suspension shall specify the licensee's legal right to petition the court to enjoin closure of the program in accordance with Chapter 3 (commencing with Section 525) of Title 7, Part 2 of the Code of Civil Procedure, in addition to the requirements of Subsection (b)(4) of this regulation.

(e) The Department shall provide a copy of any accusation or notice of suspension or revocation to the county alcohol program administrator within seven (7) days of issuance.

(f) The Department, within seven (7) days of issuance of the notice of suspension or revocation, shall notify the courts, in writing, not to refer participants to the program because the Department is taking action to suspend or revoke its license.

Notes

Cal. Code Regs. Tit. 9, § 9834

1. Change without regulatory effect renumbering and amending former section 9834 to section 9857 and former section 9812 to section 9834 filed 4-15-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 20). For prior history, see Register 82, No. 47.
2. Amendment of subsection (a) and NOTE and repealer and adoption of subsection (f) filed 11-8-91 as an emergency; operative 1-1-92 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 4-29-92 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) and NOTE and repealer and adoption of subsection (f) refiled 4-27-92 as an emergency; operative 4-28-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 8-26-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-27-92 order transmitted to OAL 7-16-92 and filed 8-25-92 (Register 92, No. 35).
5. Repealer and new section filed 9-1-2004; operative 10-1-2004 (Register 2004, No. 36).

Note: Authority cited: Section 11836.15, Health and Safety Code; and Section 23161(b), Vehicle Code. Reference: Sections 11836, 11837.4, 11837.5, 11837.6, 11837.7, 11838.10 and 11838.11, Health and Safety Code.

1. Change without regulatory effect renumbering and amending former section 9834 to section 9857 and former section 9812 to section 9834 filed 4-15-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 20). For prior history, see Register 82, No. 47.
2. Amendment of subsection (a) and Noteand repealer and adoption of subsection (f) filed 11-8-91 as an emergency; operative 1-1-92 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 4-29-92 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) and Note and repealer and adoption of subsection (f) refiled 4-27-92 as an emergency; operative 4-28-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 8-26-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-27-92 order transmitted to OAL 7-16-92 and filed 8-25-92 (Register 92, No. 35).
5. Repealer and new section filed 9-1-2004; operative 10-1-2004 (Register 2004, No. 36).