California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 3 - Community Mental Health Services Under the Short-Doyle Act › Article 3.5 - Standards for the Certification of Social Rehabilitation Programs › Section 535 - Review Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
				  Department of Health Care Services or its delegated agent withholds or rescinds the
				  certification of a program, the program shall be given written notice of the action
				  by certified mail. The notice shall be accompanied by a written statement setting
				  forth the reasons and justifications for the action including any documents or
				  information relied upon.
(b) A program
				  may request review of an action to withhold or rescind certification by sending a
				  written request for review by certified mail to the Deputy Director, Behavioral
				  Health, Department of Health Care Services, P.O. Box 997413, MS 2633, Sacramento,
				  California 95899-7413. A request for review must be postmarked no later than fifteen
				  (15) days after receipt of the notification required by subsection (a).
(c) A program requesting review in accordance with
				  this section shall be responsible for submitting in writing all documents,
				  information, and arguments which the program wishes to be considered during the
				  review. The documents, information, and arguments which the program wishes to be
				  considered may be submitted with the request for review or sent separately by
				  certified mail, but shall be postmarked no later than thirty (30) days after receipt
				  of the notice required in subsection (a).
(d) The Deputy Director, Behavioral Health,
				  Department of Health Care Services or a designee shall review the notice and written
				  justification for the action required by subsection (a), the request for review
				  submitted by the program, and the documents, information and arguments submitted by
				  the program. If deemed necessary for completion of the review, the Deputy Director,
				  Behavioral Health, Department of Health Care Services may request clarification or
				  additional information from the program.
(e) A proposed decision to either affirm or
				  reverse the action to withhold or rescind the certification of the program shall be
				  prepared and submitted to the Director of the Department of Health Care
				  Services.
(f) The Director of the
				  Department of Health Care Services may adopt the proposed decision as written, order
				  the proposed decision rewritten, or direct that additional information be
				  obtained.
(g) A proposed decision shall
				  become final when adopted by the Director of the Department of Health Care Services.
				  Notice of the decision and a copy of the decision shall be sent to the program by
				  certified mail. A decision adopted by the Director of the Department of Health Care
				  Services which affirms the action to withhold or rescind the certification of the
				  program shall become effective upon receipt by the program.
1. New section
					 filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without
					 regulatory effect amending section and NOTE filed 8-12-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 33).
3. Change without regulatory effect
					 amending subsections (b) and (d) filed 2-21-2023 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2023, No. 8).
Note: Authority cited: Sections
						4090
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						4090,
						4091,
						5670,
						5670.5
						and
						5671,
						Welfare and Institutions Code.