reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 11834.37 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 4 - Suspension and Revocation|Section 11834.37.

11834.37.  (a)  Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In the event of conflict between this chapter and the Government Code, the Government Code shall prevail. (b)  In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be by the preponderance of the evidence. (c)  The department shall commence and process licensure revocations under this chapter in a timely and expeditious manner. The Office of Administrative Hearings shall give priority calendar preference to licensure revocation hearings pursuant to this chapter, particularly revocations where the health and safety of the residents are in question. (Amended by Stats. 1995, Ch. 938, Sec. 64.8. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
CA Health & Safety Code § 11834.38 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 4 - Suspension and Revocation|Section 11834.38.

11834.38.  Any license suspended pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code.(Added by renumbering Section 11834.37 by Stats. 1993, Ch. 741, Sec. 21. Effective January 1, 1994.)
CA Health & Safety Code § 11834.39 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 4 - Suspension and Revocation|Section 11834.39.

11834.39.  (a)  The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to the withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any of these grounds. (b)  The suspension, expiration, or forfeiture by operation of law of a license issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any ground provided by law. (Added by renumbering Section 11834.38 by Stats. 1993, Ch. 741, Sec. 22. Effective January 1, 1994.)
CA Health & Safety Code § 11834.40 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 4 - Suspension and Revocation|Section 11834.40.

11834.40.  A license shall terminate by operation of law, prior to its expiration date, when any of the following conditions occur:(a)  The licensee sells or otherwise transfers the facility or the property of the facility as identified on the license, unless the transfer of ownership applies to the transfer of stock when the facility is owned by and licensed as a corporation, and when the transfer of stock does not constitute a majority change in ownership. (b)  The licensee surrenders the license to the department. (c)  The licensee moves the facility identified on the license from one location to another. The department shall develop regulations to provide for an expedited application and licensing process for a newly located facility. (d)  The licensee is a sole proprietor and the licensee dies. (e)  The licensee actually or constructively abandons the licensed facility. Constructive abandonment includes insolvency, eviction, or seizure of assets or equipment resulting in the failure to provide recovery, treatment, or detoxification services to residents. (Added by Stats. 1993, Ch. 741, Sec. 23. Effective January 1, 1994.)
CA Health & Safety Code § 11834.45 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 4 - Suspension and Revocation|Section 11834.45.

11834.45.  The civil and administrative remedies available to the department pursuant to this chapter are not exclusive, and may be sought and employed in any combination deemed advisable by the department to enforce this chapter.(Added by renumbering Section 11834.33 by Stats. 1993, Ch. 741, Sec. 17. Effective January 1, 1994.)
CA Health & Safety Code § 11834.50 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 7.5 - Licensing|ARTICLE 5 - Regulations|Section 11834.50.

11834.50.  The department shall adopt regulations to implement this chapter in accordance with the purposes required by Section 11835. These regulations shall be adopted only after consultation with appropriate groups affected by the proposed regulations. The regulations shall include, but not be limited to, all of the following:(a)  Provision for a formal appeal process for the denial, suspension, or revocation of a license. (b)   Establishment of requirements for compliance, procedures for issuance of deficiency notices and civil penalties for noncompliance. (c)  Provision for the issuance of a waiver for an alcoholism or drug abuse recovery or treatment facility to serve not more than three adolescents, or 10 percent of the total licensed capacity, whichever is less, age 14 years and older, when a need exists and services specific to adolescents are otherwise unavailable. The regulations shall specify the procedures and criteria for granting the waiver. The procedures shall include, but not be limited to, criminal record reviews and fingerprinting. (d)  Establishment of the elements and minimum requirements for recovery, treatment, and detoxification services. (e)  Provision for an expedited process for reviewing an application for licensure when a license is terminated pursuant to subdivision (c) of Section 11834.40. (Added by renumbering Section 11834.13 by Stats. 1993, Ch. 741, Sec. 7. Effective January 1, 1994.)
CA Health & Safety Code § 11839 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.

11839.  The department, with the approval of the Secretary of California Health and Human Services, may contract with any public or private agency for the performance of any of the functions vested in the department by this chapter. Any department of the state is authorized to enter into a contract described in this section.(Amended by Stats. 2012, Ch. 36, Sec. 52. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
CA Health & Safety Code § 11839.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.1.

11839.1.  The Legislature finds and declares that it is in the best interests of the health and welfare of the people of this state to coordinate narcotic treatment programs to use narcotic replacement therapy and medication-assisted treatments for substance use disorders in the treatment of addicted persons whose addiction was acquired or supported by the use of a narcotic drug or drugs, not in compliance with a physician and surgeon’s legal prescription, and to establish and enforce minimum requirements for the operation of all these treatment programs in this state.(Amended by Stats. 2017, Ch. 223, Sec. 2. (AB 395) Effective January 1, 2018.)
CA Health & Safety Code § 11839.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.2.

11839.2.  The following medications are authorized for use in narcotic replacement therapy and medication-assisted treatment by licensed narcotic treatment programs:(a) Methadone.(b) Levo-alpha-acetylmethadol (LAAM) as specified in paragraph (10) of subdivision (c) of Section 11055.(c) Buprenorphine products or combination of products approved by the federal Food and Drug Administration for maintenance or detoxification of opioid dependence.(d) Any other medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of plan or provider bulletins, or similar instructions. The department shall adopt regulations by no later than January 1, 2021.(Amended by Stats. 2017, Ch. 223, Sec. 3. (AB 395) Effective January 1, 2018.)
CA Health & Safety Code § 11839.4 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.4.

11839.4.  The department shall impose a civil penalty of one hundred dollars ($100) per day for a program that fails to timely submit a corrective action plan, or to timely implement any corrective action when it has been found to not be in compliance with applicable laws and regulations as required in Section 11839.3.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
CA Health & Safety Code § 11839.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.5.

11839.5.  In addition to the duties authorized by other provisions, the department shall be responsible for licensing narcotic treatment programs to use narcotic replacement therapy and medication-assisted treatment in the treatment of addicted persons whose addiction was acquired or supported by the use of alcohol or a narcotic drug or drugs, not in compliance with a physician and surgeon’s legal prescription. No narcotic treatment program shall be authorized to use narcotic replacement therapy and medication-assisted treatment without first obtaining a license as a narcotic treatment program as provided in this chapter. The department may license narcotic treatment programs on an inpatient or outpatient basis, or both. The department may also grant a state narcotic treatment license.(Amended by Stats. 2017, Ch. 223, Sec. 5. (AB 395) Effective January 1, 2018.)
CA Health & Safety Code § 11839.10 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.10.

11839.10.  (a) The department shall cease review of an application for a license if either of the following occur:(1) An application for a license indicates, or the department determines during the application inspection process, that the applicant was issued a license under this article and the prior license was revoked within the preceding two years. The department shall cease any further review of the application until two years have elapsed from the date of the revocation.(2) An application for a license indicates, or the department determines during the application inspection process, that the applicant was denied a license or had a license suspended under this article within the preceding year. The department shall cease any further review of the application until one year has elapsed from the date of the denial or suspension.(b) The department may cease review of an application for license renewal if either of the following occur:(1) The applicant has not paid the required license fee.(2) The county in which the licensee is located certifies to the department’s satisfaction that there is no need for the narcotic treatment program because of a substantial decline in medically qualified narcotic treatment patients in the licensee’s catchment area, or clearly demonstrates that other applicants for licensure can provide more efficient, cost-effective, and sufficient narcotic treatment services in the catchment area, or that the license should not be renewed due to one of the grounds that are enumerated in Section 11839.9.(c) Upon cessation of review, the license shall be permitted to expire by its own terms. However, if the licensee subsequently submits the items, the absence of which led to the cessation of review, the department may reinstate the license.(d) Cessation of review shall not constitute a denial of the application for purposes of Sections 11839.8 and 11839.9.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
CA Health & Safety Code § 11839.11 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.11.

11839.11.  A narcotic treatment program license shall automatically terminate if the Substance Abuse and Mental Health Services Administration withdraws or revokes its approval of the program, or if the United States Department of Justice, Drug Enforcement Administration, revokes the program’s registration.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
CA Health & Safety Code § 11839.12 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.12.

11839.12.  Except as provided in Section 11839.16, proceedings for the suspension, revocation, or denial of a license or cessation of review of a renewal license under this article, except where there has been a failure to pay required fees, under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the department shall have all the powers granted thereby. In the event of conflict between this article and the Administrative Procedure Act, the Administrative Procedure Act shall prevail.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
CA Health & Safety Code § 11839.13 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.13.

11839.13.  (a) The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to the withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any ground provided by law.(b) The suspension, expiration, or forfeiture by operation of law of a license issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee upon any ground provided by law.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
CA Health & Safety Code § 11839.14 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.14.

11839.14.  For purposes of this article, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 or 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this article, the record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
CA Health & Safety Code § 11839.15 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.15.

11839.15.  The director may bring an action to enjoin the violation of Section 11839.7, or the violation of a departmental order issued pursuant to Section 11839.16, in the superior court in and for the county in which the violation occurred. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The rebuttable presumption set forth in paragraph (7) of subdivision (b) of Section 11839.9 shall be applicable. If the court finds the allegations to be true, it shall issue its order enjoining the narcotic treatment program from continuance of the violation.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
CA Health & Safety Code § 11839.17 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.17.

11839.17.  (a) In cases where a program is closing and the licensed entity that has agreed to assume temporary operation of the closing program is unable to do so, the department may assume temporary operation of the closing program or designate another licensed entity willing to do so. In cases where the licensed entity that has agreed to assume temporary operation is the subject of a pending licensing action or order issued pursuant to Section 11839.16, the department may issue an order prohibiting the entity from assuming temporary operation and may assume temporary operation of the closing program or designate another licensed entity willing to do so. This section shall not be construed to require the department or any other licensed entity to assume any of the closing programs’ financial obligations.(b) For purposes of this section, “temporary” means no more than 90 days.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
CA Health & Safety Code § 11839.18 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.18.

11839.18.  Any licensee may petition the director for waiver of licensure fees or late payment penalties for the current fiscal year based upon financial hardship. Prior to the granting of relief, the licensee shall demonstrate hardship by production of appropriate financial records. The director may, in his or her discretion, grant all or part of the relief sought, but shall consider the reasonableness of the relief in light of the other expenditures undertaken by the licensee, giving particular scrutiny to the licensee’s own profits, earnings, or other compensation, and expenses such as interest, mortgage, or loan payments, as well as noncash expenses such as accruals and depreciation.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)
CA Health & Safety Code § 11839.19 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 10.5 - ALCOHOL AND DRUG PROGRAMS|PART 2 - STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE|CHAPTER 10 - Narcotic Treatment Programs|ARTICLE 1 - Narcotic Treatment Programs|Section 11839.19.

11839.19.  (a) The department shall not license the establishment of a narcotic treatment program without a written application by the treatment facility that meets evaluative criteria required by the department.(b) The department shall not require disclosure of the identity of patients or former patients or of any records containing identifying information except as provided in Section 11845.5.(Added by Stats. 2004, Ch. 862, Sec. 114. Effective January 1, 2005.)