reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 11833 (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 - Quality Assurance|Section 11833.

11833.  (a) The department shall have the sole authority in state government to determine the qualifications, including the appropriate skills, education, training, and experience of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under this part.(b) (1) Except for licensed professionals, as defined by the department, the department shall require that an individual providing counseling services working within a program described in subdivision (a) be registered with or certified by a certifying organization approved by the department to register and certify counselors.(2) The department shall not approve a certifying organization that does not, prior to registering or certifying an individual, contact other department-approved certifying organizations to determine whether the individual has ever had his or her registration or certification revoked.(c) If a counselor’s registration or certification has been previously revoked, the certifying organization shall deny the request for registration and shall send the counselor a written notice of denial. The notice shall specify the counselor’s right to appeal the denial in accordance with applicable statutes and regulations.(d) The department shall have the authority to conduct periodic reviews of certifying organizations to determine compliance with all applicable laws and regulations, including subdivision (c), and to take actions for noncompliance, including revocation of the department’s approval.(e) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time that regulations are adopted.(2) The department shall adopt regulations by December 31, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(Amended by Stats. 2014, Ch. 815, Sec. 2. (AB 2374) Effective January 1, 2015.)
CA Health & Safety Code § 11833.01 (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 7.3 - Licensing and Certification Program Funding|Section 11833.01.

11833.01.  This chapter applies to all programs, facilities, or services certified pursuant to Chapter 7 (commencing with Section 11830) or licensed pursuant to Chapter 7.5 (commencing with Section 11834.01), or both.(Added by Stats. 2007, Ch. 177, Sec. 9. Effective August 24, 2007.)
CA Health & Safety Code § 11833.02 (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 7.3 - Licensing and Certification Program Funding|Section 11833.02.

11833.02.  (a) The department shall charge a fee to all programs for licensure or certification by the department, regardless of the form of organization or ownership of the program.(b) The department may establish fee scales using different capacity levels, categories based on measures other than program capacity, or any other category or classification that the department deems necessary or convenient to maintain an effective and equitable fee structure.(c) Licensing and certification fees shall be evaluated annually, taking into consideration the overall cost of the residential and outpatient licensing and certification activities of the department, including initial issuance, renewals, complaints, enforcement activity, related litigation, and any other program activity relating to licensure and certification, plus a reasonable reserve.(d) The department shall submit any proposed new fees or fee changes to the Legislature for approval no later than April 1 of each year as part of the spring finance letter process. No new fees or fee changes shall be implemented without legislative approval.(e) The department shall issue a provider bulletin pursuant to subdivision (a) of Section 11833.04 setting forth the approved fee structure. The department shall, on an annual basis, publish the current fee structure on the department’s Internet Web site.(f) Unless funds are specifically appropriated from the General Fund in the annual Budget Act or other legislation to support the division, the Licensing and Certification Division, no later than the beginning of the 2010–11 fiscal year, shall be supported entirely by federal funds and special funds.(Amended by Stats. 2014, Ch. 31, Sec. 10. (SB 857) Effective June 20, 2014.)
CA Health & Safety Code § 11833.03 (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 7.3 - Licensing and Certification Program Funding|Section 11833.03.

11833.03.  The Residential and Outpatient Program Licensing Fund is hereby established in the State Treasury. All fees, fines, and penalties collected from residential and outpatient programs collected in accordance with this chapter shall be deposited in this fund. The money in the fund shall be available upon appropriation by the Legislature for the purposes of supporting the licensing and certification activities of the department.(Added by Stats. 2007, Ch. 177, Sec. 9. Effective August 24, 2007.)
CA Health & Safety Code § 11833.04 (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 7.3 - Licensing and Certification Program Funding|Section 11833.04.

11833.04.  (a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement new fees or fee changes as approved by the Legislature pursuant to subdivision (d) of Section 11833.02 by means of provider bulletins or similar instructions from the director without taking regulatory action. The department shall notify and consult with interested parties and appropriate stakeholders regarding new fees or fee changes made pursuant to this chapter.(b) (1) The department shall adopt regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code by January 1, 2016, to amend Section 10701 of Title 9 of Division 4 of Chapter 5.5 of the California Code of Regulations to be consistent with this chapter. (2) The authority to implement Section 11833.02 and this section shall include the authority to supersede the licensing and certification fees in effect on the operative date of the act that adds this paragraph and shall continue until the department has amended Section 10701 of Title 9 of Division 4 of Chapter 5.5 of the California Code of Regulations pursuant to paragraph (1).(Amended by Stats. 2014, Ch. 31, Sec. 11. (SB 857) Effective June 20, 2014.)
CA Health & Safety Code § 11833.05 (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 7.4 - Licensing and Certification Program Disclosures|Section 11833.05.

11833.05.  (a) All programs certified by the department pursuant to Chapter 7 (commencing with Section 11830) or facilities licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01) shall disclose to the department the following information:(1) Ownership or control of, or financial interest in, a recovery residence.(2) Any contractual relationship with an entity that regularly provides professional services or addiction treatment or recovery services to clients of programs certified or facilities licensed by the department, if the entity is not part of the program certified or facility licensed by the department.(b) All programs certified or facilities licensed by the department shall make the disclosures pursuant to subdivision (a) upon initial licensure or certification, upon renewal of licensure or certification, and upon a licensed facility or certified program acquiring or starting a relationship that meets paragraph (1) or (2) of subdivision (a).(c) The department may suspend or revoke the certification of a program or license of a facility for failing to disclose the information required in subdivision (a).(d) The department shall take action pursuant to Section 11834.31 against an unlicensed facility that is disclosed as a recovery residence pursuant to paragraph (1) of subdivision (a). This subdivision does not require an investigation of a recovery residence that is not alleged to be operating in violation of Section 11834.30.(e) The department may refer a substantiated complaint against a recovery residence to other enforcement entities as appropriate under state or federal law, including the Department of Insurance, the Department of Managed Health Care, the Attorney General, and the United States Attorney General.(f) For the purposes of this section, “recovery residence” means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, pursuant to Chapter 7.5 (commencing with Section 11834.01). A recovery residence may include, but is not limited to, residential dwellings commonly referred to as “sober living homes,” “sober living environments,” or “unlicensed alcohol and drug free residences.”(Amended by Stats. 2020, Ch. 302, Sec. 5. (SB 406) Effective September 29, 2020.)
CA Health & Safety Code § 11835 (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 8 - Regulations|Section 11835.

11835.  (a) The purposes of any regulations adopted by the department shall be to implement, interpret, or make specific the provisions of this part and shall not exceed the authority granted to the department pursuant to this part. To the extent possible, the regulations shall be written in clear and concise language and adopted only when necessary to further the purposes of this part.(b) Except as provided in this section and Sections 11772, 11798, 11798.2, 11814, 11817.8, and 11852.5, the department may adopt regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) necessary for the proper execution of the powers and duties granted to and imposed upon the department by this part. However, these regulations may be adopted only upon the following conditions:(1) Prior to adoption of regulations, the department shall consult with the County Behavioral Health Directors Association of California and may consult with any other appropriate persons relating to the proposed regulations.(2) If an absolute majority of the designated county behavioral health directors who represent counties that have submitted county contracts, vote at a public meeting called by the department, for which 45 days’ advance notice shall be given by the department, to reject the proposed regulations, the department shall refer the matter for a decision to a committee, consisting of a representative of the county behavioral health directors, the director, the secretary, and one designee of the secretary. The decision shall be made by a majority vote of this committee at a public meeting convened by the department. Upon a majority vote of the committee recommending adoption of the proposed regulations, the department may then adopt them. Upon a majority vote recommending that the department not adopt the proposed regulations, the department shall then consult again with the County Behavioral Health Directors Association of California and resubmit the proposed regulations to the county behavioral health directors for a vote pursuant to this subdivision.(3) In the voting process described in paragraph (2), no proxies shall be allowed nor may anyone other than the designated county behavioral health director, director, secretary, and secretary’s designee vote at the meetings.(Amended by Stats. 2015, Ch. 455, Sec. 4. (SB 804) Effective January 1, 2016.)
CA Health & Safety Code § 11836.10 (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 9 - Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs|Section 11836.10.

11836.10.  No person, firm, partnership, association, corporation, or local governmental entity shall operate, establish, manage, conduct, or maintain a driving-under-the-influence program in this state without a current and valid license issued pursuant to this chapter.(Amended by Stats. 1993, Ch. 1244, Sec. 4. Effective January 1, 1994.)
CA Health & Safety Code § 11836.11 (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 9 - Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs|Section 11836.11.

11836.11.  The department shall require license renewal on a biennial basis.(Added by Stats. 1988, Ch. 1219, Sec. 3.)
CA Health & Safety Code § 11836.12 (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 9 - Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs|Section 11836.12.

11836.12.  Criteria for licensure of new or existing programs shall include all of the following:(a)  Completion of a written application containing necessary and pertinent information describing the applicant program. (b)  Demonstration by the applicant that it possesses adequate administrative, fiscal, and operational capability to operate a driving-under-the-influence program. (c)  Onsite review of the program by department staff determines that the program is clean, safe, free of alcohol or illicit drug use, and that the program adheres to applicable statutes and regulations. (d)  The program has paid all licensing fees. (Amended by Stats. 1993, Ch. 1244, Sec. 5. Effective January 1, 1994.)
CA Health & Safety Code § 11836.14 (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 9 - Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs|Section 11836.14.

11836.14.  An initial license shall not be issued until all requirements identified in this chapter and in regulations adopted pursuant to this chapter have been met.(Added by Stats. 1988, Ch. 1219, Sec. 5.)
CA Health & Safety Code § 11836.15 (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 9 - Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs|Section 11836.15.

11836.15.  The department shall adopt regulations to implement this chapter, in accordance with the purposes and process required in Section 11835, which shall include, but not be limited to, the following:(a)  Application requirements. (b)  Service requirements. (c)  Reporting requirements. (d)  Required staff qualifications. (e)  Management and documentation of participant records. (f)  Licensure fee assessment and collection procedures. (Added by Stats. 1988, Ch. 1219, Sec. 6.)
CA Health & Safety Code § 11836.16 (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 9 - Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs|Section 11836.16.

11836.16.  The State Department of Health Care Services shall adopt regulations for satellite offices of driving-under-the-influence programs. The regulations shall include, but not be limited to, any limitations on where a satellite office may be located and the minimum and maximum number of clients to whom a satellite office may provide services. When adopting regulations pursuant to this section, the department shall also consider an appropriate licensing procedure for these offices. For purposes of this section, a “satellite office” is an offsite location of an existing licensed driving-under-the-influence program.(Amended by Stats. 2013, Ch. 22, Sec. 45. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
CA Health & Safety Code § 11837.1 (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 9 - Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs|Section 11837.1.

11837.1.  (a)  In utilizing any program described in Section 11837, the court may require periodic reports concerning the performance of each person referred to and participating in a program. The program shall provide the court, the Department of Motor Vehicles, and the person participating in a program with an immediate report of any failure of the person to comply with the program’s rules and policies. (b)  If, at any time after entry into or while participating in a program, a participant who is referred to an 18-month program described in Section 23542 of the Vehicle Code or a 30-month program described in Section 23548, 23552, or 23568 of the Vehicle Code, fails to comply with the rules and policies of the program, and that fact is reported, the Department of Motor Vehicles shall suspend the privilege of that person to operate a motor vehicle for the period prescribed by law in accordance with Section 13352.5 of the Vehicle Code, except as otherwise provided in this section. The Department of Motor Vehicles shall notify the person of its action. (c)  If the department withdraws the license of a program, the department shall immediately notify the Department of Motor Vehicles of those persons who do not commence participation in a licensed program within 21 days from the date of the withdrawal of the license of the program in which the persons were previously participating. The Department of Motor Vehicles shall suspend or revoke, for the period prescribed by law, the privilege to operate a motor vehicle of each of those persons referred to an 18-month program pursuant to Section 23542 or 23562 of the Vehicle Code or to a 30-month program pursuant to Section 23548, 23552, or 23568 of the Vehicle Code. (Amended (as amended by Stats. 1998, Ch. 756) by Stats. 1999, Ch. 22, Sec. 2. Effective May 26, 1999. Operative July 1, 1999, by Sec. 46 of Ch. 22.)
CA Health & Safety Code § 11837.6 (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 9 - Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs|Section 11837.6.

11837.6.  (a) The major responsibility for assuring programmatic and fiscal integrity of each program rests with the county alcohol and drug program administrator of each county utilizing a program pursuant to this chapter.(b) The county alcohol and drug program administrator shall assure, through monitoring at least once every six months, compliance with the applicable statutes and regulations by any licensed program within the county’s jurisdiction. Whenever possible, the county monitoring shall coincide with the state licensing reviews. The county alcohol and drug program administrator shall prepare and submit, to the department and the program provider, an annual written report of findings regarding the program’s compliance with applicable statutes and regulations.(c) The county alcohol and drug program administrator shall submit a description of each licensed program as part of the county plan.(d) The county alcohol and drug program administrator shall notify the department, within 30 days of the date that a program’s license is denied, suspended or revoked, of the individuals who failed to commence participation in another licensed program within 21 days of the license denial, suspension or revocation.(Amended by Stats. 2004, Ch. 862, Sec. 109. Effective January 1, 2005.)
CA Health & Safety Code § 11837.7 (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 9 - Services to Persons Convicted for Driving While Under the Influence of Alcohol and Other Drugs|Section 11837.7.

11837.7.  (a) The county alcohol and drug program administrator, or the advisory board acting through the county alcohol and drug program administrator, shall inform the board of supervisors immediately if it is determined that any program is not meeting the regulations adopted by the department. The department shall be notified in writing by the county alcohol and drug program administrator of any program that is not in compliance with applicable statutes and regulations.(b) The department, the county alcohol and drug program administrator, the chief probation officer, or their authorized representatives may enter, in a nondisruptive manner, any class, lecture, group discussion, or any other program element to observe these activities.(c) Notwithstanding subdivision (a) of Section 11837.6, the department may audit, or contract for the auditing of, any licensed program.(Amended by Stats. 2004, Ch. 862, Sec. 110. Effective January 1, 2005.)