California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 3 - Application Procedures › Section 87163 - Denial of License Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as specified in Section
				  87162(a), which
				  provides that the applicant may be issued a provisional license based upon
				  substantial compliance and immediate need, the licensing agency shall deny an
				  application for an initial license if it is determined that the applicant is
				  not in compliance with applicable law and regulations.
(b) The licensing agency shall have the
				  authority to deny an application for an initial license if the applicant has
				  failed to pay any civil penalty assessments pursuant to Section
				  87768, Unlicensed Facility
				  Penalties, and in accordance with a final judgment issued by a court of
				  competent jurisdiction, unless payment arrangements acceptable to the licensing
				  agency have been made.
(c) The
				  licensing agency shall have the authority to deny an initial application if the
				  applicant does not comply with Sections
				  87155(a)(2) and
				  (9), and Health and Safety Code sections
				  1569.1515(b)
				  and
				  1569.50.
(d) If the application for an initial license
				  is denied, the application processing fee shall be forfeited.
(e) If the application for an initial license
				  is denied, the licensing agency shall send a written notice of denial by
				  certified mail. The notification shall inform the applicant of the denial; set
				  forth the reasons for the denial; and advise the applicant of the right to
				  appeal.
(f) Except as otherwise
				  specified by Health and Safety Code section
				  1569.50(d),
				  an applicant may appeal the denial of the application by sending a written
				  notice of appeal to the licensing agency within 15 days of the postmark date of
				  the denial notice.
(g) The
				  licensing agency shall, upon receipt of the notice of appeal, advise the
				  applicant in writing of the appeal procedure.
(h) The proceedings to review such denial
				  shall be conducted pursuant to the provisions of Chapter 5 (commencing with
				  Section 11500), Part 1, Division 3, Title
				  2 of the Government Code.
1. Change
					 without regulatory effect renumbering former section
					 87340 to section
					 87163, including amendment of
					 section heading, section and NOTE, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
2. Change without regulatory
					 effect amending subsection (f) and NOTE filed 5-9-2017 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2017, No. 19).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1,
						1569.15,
						1569.1515(b),
						1569.17,
						1569.185,
						1569.20,
						1569.21,
						1569.22,
						1569.23,
						1569.485,
						1569.49,
						1569.50,
						1569.51,
						1569.52
						and
						1569.53,
						Health and Safety Code.