reglab/statecodes huggingface dataset:
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 11837.8.

11837.8. (a) The department shall authorize each county alcohol and drug program administrator to retain, in an amount not in excess of that specified by the department, a portion of the fees charged for participation in the program that is sufficient to reimburse the county for the costs and expenses that the administrator reasonably incurs in discharging his or her duties pursuant to this chapter.
(b) A county may not use for any purpose set forth in this chapter any funds allocated to it by the department pursuant to Division 10.5 (commencing with Section 11750). The board of supervisors may authorize the use of any other funds for any purpose set forth in this chapter.
(c) Notwithstanding subdivision (b), a county with a population of 20,000 or less may utilize funds allocated by the department to establish and administer a program if the department finds that the county cannot establish a self-supporting program at reasonable cost or is unable to establish jointly a program with another county. If an exception is granted, reasonable effort shall be made by the county to observe the intent of subdivision (b) that programs be self-supporting.
(Amended by Stats. 2004, Ch. 862, Sec. 111. Effective January 1, 2005.)
2023 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 11837.9.

11837.9. The participation of the probation department in a program established pursuant to this chapter shall be described in the amendment to the county plan.
(Amended by Stats. 2004, Ch. 862, Sec. 112. Effective January 1, 2005.)
2023 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 11838.

11838. (a)  The Legislature encourages all counties to utilize the procedure described in this chapter, but recognizes that it is not feasible for every county to establish its own programs. Accordingly, two or more counties may jointly establish programs pursuant to Section 11796 of this code or Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code or may furnish by contract the program services to residents of another county pursuant to Section 11796 of this code. The board of supervisors of the county in which the program is located shall be responsible for assuring the integrity of the program as required pursuant to subdivision (a) of Section 11837.6.
(b)  For the purpose of determining a person’s eligibility to participate in an approved program where the person’s county of residence establishes a program with another county or contracts for services pursuant to subdivision (a), the following eligibility requirements shall apply:
(1)  Where two or more counties jointly establish a program pursuant to Section 11796 of this code or Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, subdivision (b) of Section 11838.2 shall apply.
(2)  Where a county contracts for program services from another county, only those residents alleged to have committed a violation of Section 23152 or 23153 of the Vehicle Code on or after the date their county of residence executes a contract pursuant to subdivision (a) to provide program services to their residents shall be eligible to participate in such approved program pursuant to Section 11837.2.
Counties which contract for services pursuant to subdivision (a) of this section shall notify the department not later than 14 days following such action.
(Amended by Stats. 1982, Ch. 53, Sec. 5. Effective February 18, 1982.)
2023 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 11838.1.

11838.1. The department, in cooperation with the county and the Department of Motor Vehicles, shall establish uniform statewide reporting procedures and forms for the submission of any appropriate documents or information from boards of supervisors, administrators of programs, county alcohol and drug program administrators, and program participants to assure effective implementation of this chapter.
(Amended by Stats. 2004, Ch. 862, Sec. 113. Effective January 1, 2005.)
2023 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 11838.3.

11838.3. (a)  The director may bring an action to enjoin any violation of Section 11836.10 in the superior court in and for the county in which the violation occurred. Any proceeding under the provisions of 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, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss.
(b)  With respect to any and all actions brought pursuant to this section alleging actual violation of Section 11836.10 the court shall, if it finds the allegations to be true, issue its order enjoining the program from continuance of the violation.
(Added by Stats. 1988, Ch. 1219, Sec. 16.)
2023 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 11838.4.

11838.4. (a)  Notwithstanding any other provision of this chapter, any person who violates Section 11836.10 may be assessed by the department an immediate civil penalty in the amount of two hundred dollars ($200) per day of the violation. The civil penalty shall be imposed if an unlicensed program is operated and the operator refuses to seek licensure or the operator’s licensure application is denied and the operator continues to operate the unlicensed program.
(b)  In addition to suspension or revocation of a license issued under this chapter, the department may levy a civil penalty against any program provider who is not in compliance with statutes and regulations.
(1)  The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall the civil penalty assessment for noncompliance exceed one hundred fifty dollars ($150) per day, or a total of five thousand dollars ($5,000).
(2)  Prior to the assessment of any civil penalty other than a civil penalty specified in paragraph (1) or (3), the program provider shall have a minimum of 30 days to correct the deficiency.
(3)  Any program provider that is cited for repeating the same violation of this chapter within a 12-month period is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected. In no event shall the total fine exceed five thousand dollars ($5,000).
(4)  The suspension, revocation, forfeiture, or surrender of a license issued by the department shall not deprive the department of its authority to institute or continue a disciplinary proceeding against a licensee upon any grounds provided for in law or to enter and order suspending or revoking the license or otherwise taking disciplinary action against the licensee.
(c)  An operator may appeal the assessment to the director, and if the matter is unresolved at that stage, the operator may appeal the director’s decision in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1993, Ch. 589, Sec. 92. Effective January 1, 1994.)
2023 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 11838.5.

11838.5. The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any combination deemed advisable by the department to enforce this chapter.
(Added by Stats. 1988, Ch. 1219, Sec. 18.)
2023 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 11838.10.

11838.10. The director may suspend or revoke any license issued under this chapter, or deny an application to renew a license or to modify the terms and conditions of a license, upon any of the following grounds and in the manner provided in this chapter:
(a)  Violation by the licensee of this chapter or regulations adopted pursuant to this chapter.
(b)  Repeated violation by the licensee of this chapter or regulations adopted pursuant to this chapter.
(c)  Aiding, abetting, or permitting the violation of, or any repeated violation of, subdivisions (a) and (b).
(d)  Continued program operations jeopardize the health and welfare of participants or the public.
(e)  Misrepresentation of any material fact in obtaining a multiple offender program license.
(Added by Stats. 1988, Ch. 1219, Sec. 19.)
2023 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 11838.11.

11838.11. (a)  Proceedings for the suspension, revocation, or denial of a license under this chapter 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 by these 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.
(Added by Stats. 1988, Ch. 1219, Sec. 20.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 11839.6.1.

11839.6.1. (a) No sooner than July 1, 2022, the department shall establish a program for the operation and regulation of mobile narcotic treatment programs. A mobile narcotic treatment program established pursuant to this section shall do all of the following:
(1) Operate under the license of a primary narcotic treatment program with which it is affiliated and associated.
(2) Provide opioid addiction treatment in a motor vehicle.
(3) Comply with any applicable federal requirements.
(4) Receive approval from the department prior to operating a mobile narcotic treatment program.
(b) The department shall do all of the following:
(1) Establish the requirements for approval of a mobile narcotic treatment program.
(2) Oversee and enforce the requirements developed pursuant to this section.
(c) (1) The primary narcotic treatment program shall be subject to action under Section 11839.9 for any violation by its mobile narcotic treatment program of any requirements imposed under this section or any regulations promulgated under this article.
(2) The department may terminate the operation of a mobile narcotic treatment program for failing to comply with this section.
(d) 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 through the use of all-county letters, provider bulletins, or similar instructions, without taking any further regulatory action.
(e) The following definitions apply for purposes of this section:
(1) “Mobile narcotic treatment program” means a narcotic treatment program operating from a motor vehicle that serves as a mobile component and is operating under a primary narcotic treatment program, and engages in treatment of opioid addiction, including maintenance or detoxification treatment, at a location or locations remote from the primary narcotic treatment program, but within California.
(2) “Motor vehicle” means a vehicle propelled under its own motive power and lawfully used on public streets, roads, or highways with more than three wheels in contact with the ground. This term does not include a trailer.
(Added by Stats. 2022, Ch. 47, Sec. 11. (SB 184) Effective June 30, 2022.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)