reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 3 - Application for Licensure › Section 10521 - Waivers. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86
						(Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no
						later than 1-27-87 or section will be repealed by operation of law (Government Code
						section
						11346.1(g)).
5.
						Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87,
						No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87
						or section will be repealed by operation of law (Government Code section
						11346.1(g)).
6.
						Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87,
						No. 22). A Certificate of Compliance must be transmitted to OAL no later than
						9-23-87 or section will be repealed by operation of law (Government Code section
						11346.1(g)).
7.
						Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative
						10-23-87 (Register 87, No. 43).
8. Amendment of subsection (c) filed
						12-27-89 as an emergency; operative 1-1-90 (Register 90, No. 1). A Certificate of
						Compliance must be transmitted to OAL within 120 days or emergency language will be
						repealed by operation of law on 5-1-90.
9. Amendment of subsection (c)
						refiled 4-30-90 as an emergency; operative 4-30-90 (Register 90, No. 22). A
						Certificate of Compliance must be transmitted to OAL within 120 days or emergency
						language will be repealed by operation of law on 8-28-90.
10. Certificate
						of Compliance as to 4-30-90 order including amendment of NOTE transmitted to OAL
						8-27-90 and filed 9-26-90 (Register 90, No. 44).
11. Change without
						regulatory effect renumbering former section
						10521 to new section
						10589 filed 11-17-94 pursuant to section
						100, title 1, California Code of
						Regulations (Register 94, No. 46).
Note: Authority cited: Sections
						  11755
						  and
						  11834.50,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 3 - Application for Licensure › Section 10522 - Departmental Review of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall:
(1) Review the application for
					 licensure and attached documentation, required pursuant to Section
					 10517, to determine completeness and
					 compliance with the requirements of this chapter;
(2) Complete a site visit to determine the
					 applicant's ability to comply with the requirements of this chapter; and
(3) Determine the number of residents for whom a
					 license shall be issued, based on the available living and sleeping space in the
					 proposed facility, and not to exceed the capacity allowed in the fire
					 clearance.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 3 - Application for Licensure › Section 10523 - Capacity Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86
						(Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no
						later than 1-27-87 or section will be repealed by operation of law (Government Code
						section
						11346.1(g)).
5.
						Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87,
						No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87
						or section will be repealed by operation of law (Government Code section
						11346.1(g)).
6.
						Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87,
						No. 22). A Certificate of Compliance must be transmitted to OAL no later than
						9-23-87 or section will be repealed by operation of law (Government Code section
						11346.1(g)).
7.
						Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative
						10-23-87 (Register 87, No. 43).
8. Amendment of subsection (b) filed
						12-27-89 as an emergency; operative 1-1-90 (Register 90, No. 1). A Certificate of
						Compliance must be transmitted to OAL within 120 days or emergency language will be
						repealed by operation of law on 5-1-90.
9. Amendment of subsection (b)
						refiled 4-30-90 as an emergency; operative 4-30-90 (Register 90, No. 22). A
						Certificate of Compliance must be transmitted to OAL within 120 days or emergency
						language will be repealed by operation of law on 8-28-90.
10. Certificate
						of Compliance as to 4-30-90 order including amendment of NOTE transmitted to OAL
						8-27-90 and filed 9-26-90 (Register 90, No. 44).
11. Repealer filed
						4-18-94; operative 5-18-94 (Register 94, No. 16).
Note: Authority cited: Section
						  11834.13,
						  Health and Safety Code. Reference: Sections
						  11834.10,
						  11834.14(a), (b), and
						  (d) and
						  11834.19,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 3 - Application for Licensure › Section 10524 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 applicant may withdraw an application for licensure by submitting a written request
					 to the Deputy Director of the Licensing and Certification Division, Department of
					 Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811-4037.
(b) Withdrawal shall not prohibit the Department
					 from taking action to deny an application for licensure.
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A
						Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or
						section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No.
						39).
5. Readoption of section filed 1-26-87 as an emergency; operative
						1-27-87. A Certificate of Compliance must be transmitted to OAL no later than
						5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g))
						(Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an
						emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL
						no later than 9-23-87, or section will be repealed by operation of law (Gov. C.
						11346.1(g)) (Register 87, No. 22).
7. Repealer and new section
						transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No.
						43).
8. Amendment of section and NOTE filed 4-18-94; operative 5-18-94
						(Register 94, No. 16).
9. Change without regulatory effect amending
						subsection (a) filed 6-12-2007 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2007, No. 24).
10. Change without regulatory effect
						amending subsection (a) filed 3-6-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 10).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Sections
						  11834.30
						  and
						  11834.39,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 3 - Application for Licensure › Section 10525 - Provisional License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A
						Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or
						section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No.
						39).
5. Readoption of section filed 1-26-87 as an emergency; operative
						1-27-87. A Certificate of Compliance must be transmitted to OAL no later than
						5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g))
						(Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an
						emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL
						no later than 9-23-87, or section will be repealed by operation of law (Gov. C.
						11346.1(g)) (Register 87, No. 22).
7. Repealer and new section
						transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No.
						43).
8. Repealer filed 4-18-94; operative 5-18-94 (Register 94, No.
						16).
Note: Authority cited: Section
						  11834.13,
						  Health and Safety Code. Reference: Section
						  11834.13(b),
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 3 - Application for Licensure › Section 10526 - Issuance of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall issue a license to the applicant by
						certified mail if it determines, based on its review of the application for
						licensure pursuant to Section
						10522, that the applicant is in
						compliance with the provisions of Chapter 7.5 (commencing with Section
						11834.01), Part 2, Division 10.5 of the
						Health and Safety Code and the requirements of this chapter. The license shall
						specify the maximum number of residents for whom the facility may provide
						residential alcoholism or drug abuse recovery or treatment services.
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A
						Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or
						section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No.
						39).
5. Readoption of section filed 1-26-87 as an emergency; operative
						1-27-87. A Certificate of Compliance must be transmitted to OAL no later than
						5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g))
						(Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an
						emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL
						no later than 9-23-87, or section will be repealed by operation of law (Gov. C.
						11346.1(g)) (Register 87, No. 22).
7. Repealer and new section
						transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No.
						43).
8. Amendment of section heading, text and NOTE filed 4-18-94;
						operative 5-18-94 (Register 94, No. 16).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Sections
						  11834.01
						  and
						  11834.09,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 4 - Period of Licensure › Section 10527 - Requirement to Submit New Application for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license
					 shall automatically terminate by operation of law whenever the licensee:
(1) Sells or transfers ownership of the facility,
					 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;
(2) Voluntarily surrenders the license to the
					 Department;
(3) Moves operation of the
					 facility to a new location [except as specified in Subsection (c) of this
					 regulation];
(4) Dies (only if the
					 licensee is a sole proprietor);
(5)
					 Actually or constructively abandons the facility.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 4 - Period of Licensure › Section 10528 - Period of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licenses shall be valid for two years unless they have been
						extended, pursuant to Section
						10529.
1. Repealer and
						renumbering and amendment of former section
						10527 to section
						10528 filed 4-18-94; operative 5-18-94
						(Register 94, No. 16). For prior history, see Register 87, No. 43.
2.
						Change without regulatory effect amending section heading filed 11-17-94 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 94, No. 46).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.01,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 4 - Period of Licensure › Section 10529 - Extension of Period of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least
					 120 days prior to the expiration date noted on the license, the Department shall
					 send a notice to the licensee which shall:
(1)
					 Inform the licensee of the date when the current period of licensure will expire, as
					 specified on the license;
(2) Inform the
					 licensee that the period of licensure will be extended if the licensee:
(A) Updates the licensing information contained in
					 the licensee's application for licensure;
(B) Pays all licensing fees in accordance with
					 Section 10701;
(C) Pays any civil penalties assessed in
					 accordance with Section
					 10547 and adjudicated pursuant to
					 Section 10550; and
(D) Maintains a valid fire
					 clearance.
(3) Notify the
					 licensee that failure to pay all licensing fees due or to return the information
					 requested by the date of expiration specified on the notice will result in automatic
					 expiration of the license and that continued operation of the facility beyond the
					 date of expiration is prohibited by Section
					 11834.30
					 of the Health and Safety Code and Section
					 10505 of this
					 chapter.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 4 - Period of Licensure › Section 10530 - Issuance of Renewal License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A
						Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or
						section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No.
						39).
5. Readoption of section filed 1-26-87 as an emergency; operative
						1-27-87. A Certificate of Compliance must be transmitted to OAL no later than
						5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g))
						(Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an
						emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL
						no later than 9-23-87, or section will be repealed by operation of law (Gov. C.
						11346.1(g)) (Register 87, No. 22).
7. Repealer and new section
						transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No.
						43).
8. Repealer filed 4-18-94; operative 5-18-94 (Register 94, No.
						16).
Note: Authority cited: Section
						  11834.13,
						  Health and Safety Code. Reference: Section
						  11834.15,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 4 - Period of Licensure › Section 10531 - Submission of New Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer
						filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
Note: Authority cited: Section
						  11834.13,
						  Health and Safety Code. Reference: Section
						  11834.14(a),
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 5 - Licensing Fees [Repealed] › Section 10532 - Computation of Licensing Fees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Amendment of
						subsections (a) and (b) filed 12-27-89 as an emergency; operative 1-1-90 (Register
						90, No. 1). Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed by operation of law on 5-1-90.
3.
						Amendment of subsections (a) and (b) refiled 4-30-90 as an emergency; operative
						4-30-90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to
						OAL within 120 days or emergency language will be repealed by operation of law on
						8-28-90.
4. Certificate of Compliance as to 4-30-90 order including
						amendment of NOTE transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No.
						44).
5. Amendment of section heading, text and NOTE filed 4-18-94;
						operative 5-18-94 (Register 94, No. 16).
6. Change without regulatory
						effect adopting new article 5 heading filed 11-17-94 pursuant to section
						100, title 1, California Code of
						Regulations (Register 94, No. 46).
7. Change without regulatory effect
						amending subsection (b) filed 6-12-2007 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2007, No. 24).
8. Repealer of article 5 (sections
						10532-10533) and section filed 6-29-2009
						as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of
						Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be
						repealed by operation of law on the following day.
9. Repealer of article
						5 (sections 10532-10533) and section refiled
						12-21-2009 as an emergency; operative 12-27-2009 (Register 2009, No. 52). A
						Certificate of Compliance must be transmitted to OAL by 3-29-2010 or emergency
						language will be repealed by operation of law on the following day.
10.
						Certificate of Compliance as to 12-21-2009 order transmitted to OAL 3-10-2010 and
						filed 4-20-2010 (Register 2010, No. 17).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.15,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 5 - Licensing Fees [Repealed] › Section 10533 - Payment of Licensing Fees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
2. Change without
						regulatory effect amending subsection (b)(1) filed 6-12-2007 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2007, No. 24).
3. Repealer filed 6-29-2009 as an
						emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of Compliance
						must be transmitted to OAL by 12-28-2009 or emergency language will be repealed by
						operation of law on the following day.
4. Repealer refiled 12-21-2009 as
						an emergency; operative 12-27-2009 (Register 2009, No. 52). A Certificate of
						Compliance must be transmitted to OAL by 3-29-2010 or emergency language will be
						repealed by operation of law on the following day.
5. Certificate of
						Compliance as to 12-21-2009 order transmitted to OAL 3-10-2010 and filed 4-20-2010
						(Register 2010, No. 17).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Sections
						  11834.03,
						  11834.09
						  and
						  11834.16,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 6 - Enforcement › Section 10540 - Denial of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department may deny an application for a license for any of the following reasons:
(1) Review of the application indicates that the
					 applicant is not in compliance with the provisions of Chapter 7.5 (commencing with
					 Section 11834.01), Part 2, Division 10.5 of the
					 Health and Safety Code and the requirements of this chapter;
(2) The applicant fails to remedy each deficiency
					 identified pursuant to Section
					 10544 of this chapter;.
(3) The facility is not in substantial compliance
					 with this chapter; or
(4) The applicant
					 fails to pay any civil penalty assessed pursuant to Section
					 10547 and adjudicated pursuant to
					 Section 10550.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 6 - Enforcement › Section 10541 - Types of Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in
					 this chapter, "deficiency" means failure to comply with any provision of Chapter 7.5
					 (commencing with Section
					 11834.01), Part 2, Division 10.5 of the
					 Health and Safety Code, or the regulations contained in this chapter. Deficiencies
					 shall be classed as Class A, B, or C deficiencies as defined in this
					 section.
(b) A Class A deficiency is any
					 deficiency which presents an imminent danger to any resident of the facility. As
					 used in this Chapter, "imminent danger" means that the more likely consequence of
					 the deficiency is death or physical injury which would:
(1) Render a part of the body functionally useless
					 or temporarily or permanently reduced in capacity, or
(2) Inhibit any function of the body to such a
					 degree as to shorten life or to reduce physical or mental
					 capacity.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 6 - Enforcement › Section 10544 - Licensing Compliance Reviews

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall review each alcoholism or drug abuse recovery or treatment facility
					 to determine compliance at least once during every period of licensure.
(b) Any authorized employee or agent of the
					 Department may enter and inspect any alcoholism or drug abuse recovery or treatment
					 facility at any reasonable time, upon presentation of proper identification, with or
					 without advance notice, to determine compliance with the provisions of Chapter 7.5
					 (commencing with Section
					 11834.01), Part 2, Division 10.5 of the
					 Health and Safety Code and the requirements of this chapter.
(c) The Department may interview residents and/or
					 facility staff in private, and inspect relevant licensee records without the prior
					 consent of the licensee.
(d) At the
					 completion of the compliance review, the reviewer may conduct a face-to-face exit
					 interview with the licensee or his/her designee to discuss any deficiencies noted.
					 If the reviewer does not conduct a face-to-face exit interview, the reviewer shall
					 conduct a telephone interview with the licensee or his/her designee as soon as
					 possible upon conclusion of a site visit and document in the licensing report or
					 notice of deficiency why he/she did not conduct a face-to-face exit interview. A
					 licensing report is issued when there are no deficiencies; a notice of deficiency is
					 issued when there are deficiencies.
(e)
					 The reviewer shall prepare a written notice of deficiency listing all
					 deficiencies.
(f) The notice of
					 deficiency shall specify:
(1) The section number,
					 title, and code of each statute or regulation which has been violated;
(2) The manner in which the licensee failed to
					 comply with a specified statute or regulation, and the particular place or area of
					 the facility in which it occurred;
(3)
					 The date by which each deficiency shall be corrected; and
(4) The amount of civil penalty to be assessed in
					 accordance with Section
					 10547 and the date the Department shall
					 begin to assess the penalty, if the licensee fails to correct the noticed
					 deficiencies in accordance with the corrective action plan.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 6 - Enforcement › Section 10545 - Development of a Corrective Action Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensee shall submit written verification of correction for each deficiency
					 identified in the notice of deficiency to the manager of the Licensing and
					 Certification Division, Department of Alcohol and Drug Programs, 1700 K Street,
					 Sacramento, CA 95811-4037. The written verification shall substantiate that the
					 deficiency has been corrected and specify the date when the deficiency was
					 corrected. The written verification shall be postmarked no later than the date
					 specified in the notice of deficiency.
(b) If the licensee cannot correct a Class B or C
					 deficiency by the date specified in the notice of deficiency, the licensee shall
					 submit a written corrective action plan to the manager of the Licensing and
					 Certification Division, Department of Alcohol and Drug Programs, 1700 K Street,
					 Sacramento, CA 95811-4037. The written corrective action plan shall be postmarked no
					 later than the date specified in the notice of deficiency.
(c) The written corrective action plan shall:
(1) Specify what steps the licensee has taken to
					 correct the deficiency;
(2) Substantiate
					 why the deficiency cannot be corrected as specified in the notice of deficiency;
					 and
(3) Specify when each deficiency
					 will be corrected.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 6 - Enforcement › Section 10546 - Follow-up Visit to Verify Correction of Deficiency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department may conduct follow-up reviews to determine if the licensee has corrected
					 all deficiencies specified in the notice of deficiency.
(b) If a follow-up review indicates that a
					 deficiency has not been corrected on or before the date specified in the notice of
					 deficiency or subsequent approved corrective action plan, the Department shall issue
					 a notice of civil penalty pursuant to Section
					 10547 of this chapter.
1. Renumbering
						and amendment of former section
						10553 to section
						10546 filed 4-18-94; operative 5-18-94
						(Register 94, No. 16).
2. Amendment filed 4-9-97 as an emergency;
						operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be
						transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of
						law on the following day.
3. Amendment refiled 6-16-97 as an emergency;
						operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be
						transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of
						law on the following day.
4. Certificate of Compliance as to 6-16-97
						emergency transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No.
						51).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Sections
						  11834.01,
						  11834.34
						  and
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 6 - Enforcement › Section 10547 - Assessment of Civil Penalties for Failure to Correct Compliance Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
					 licensee fails to correct a deficiency by the date specified in the notice of
					 deficiency or subsequent approved corrective action plan, the Department shall
					 assess a civil penalty as indicated below:
(1) The
					 Department shall assess a civil penalty of twenty-five ($25) dollars per day against
					 the licensee for each Class C deficiency.
(2) The Department shall assess a civil penalty of
					 fifty ($50) dollars per day against the licensee for each Class A or B
					 deficiency.
(3) The maximum daily civil
					 penalty for all deficiencies shall not exceed one hundred fifty ($150)
					 dollars.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 6 - Enforcement › Section 10548 - Suspension or Revocation of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department may seek suspension or revocation of a license, in accordance with
					 Chapter 5 (commencing with Section
					 11500) of Part 1, Division 3, Title 2 of
					 the Government Code, when:
(1) The licensee is
					 issued a notice of deficiency for any action which has resulted in death, serious
					 physical harm, or imminent danger to a resident of the facility; or
(2) The licensee fails to correct any Class A
					 deficiency by the date specified in the notice of deficiency; or
(3) The licensee repeatedly fails to correct Class
					 B deficiencies; or
(4) The licensee has
					 failed to pay civil penalties, assessed in accordance with Section
					 10547 and adjudicated pursuant to
					 Section 10550.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 6 - Enforcement › Section 10549 - Unlicensed Facilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
2. Repealer filed
						4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of
						Compliance must be transmitted to OAL by 8-7-97 or emergency language will be
						repealed by operation of law on the following day.
3. Repealer refiled
						6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of
						Compliance must be transmitted to OAL by 12-5-97 or emergency language will be
						repealed by operation of law on the following day.
4. Certificate of
						Compliance as to 6-16-97 emergency transmitted to OAL 10-29-97 and filed 12-15-97
						(Register 97, No. 51).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Sections
						  11834.30,
						  11834.31,
						  11834.32
						  and
						  11834.45,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 7 - Licensing Appeals › Section 10550 - Administrative Review of Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensee may appeal a notice of civil penalty by forwarding a written request for
					 review to the Director, Department of Alcohol and Drug Programs, 1700 K Street,
					 Sacramento, CA 95811-4037.
(b) The
					 written request for review shall be postmarked within fifteen (15) working days of
					 receipt by the licensee of the written notice of civil penalty. The written request
					 for review shall include:
(1) A statement of the
					 statute or regulation which is at issue and the legal basis for the licensee's
					 appeal.
(2) A statement of the facts
					 supporting the licensee's position.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 7 - Licensing Appeals › Section 10551 - Serious Deficiencies. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A
						Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or
						section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No.
						39).
5. Readoption of section filed 1-26-87 as an emergency; operative
						1-27-87. A Certificate of Compliance must be transmitted to OAL no later than
						5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g))
						(Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an
						emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL
						no later than 9-23-87, or section will be repealed by operation of law (Gov. C.
						11346.1(g)) (Register 87, No. 22).
7. Repealer and new section
						transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No.
						43).
8. Renumbering of former section
						10551 to section
						10543 filed 4-18-94; operative 5-18-94
						(Register 94, No. 16).
9. Change without regulatory effect repealing
						article heading filed 11-17-94 pursuant to section
						100, title 1, California Code of
						Regulations (Register 94, No. 46).
Note: Authority cited: Section
						  11834.13,
						  Health and Safety Code. Reference: Section
						  11834.14(d),
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 7 - Licensing Appeals › Section 10552 - Deficiencies in Compliance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A
						Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or
						section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No.
						39).
5. Readoption of section filed 1-26-87 as an emergency; operative
						1-27-87. A Certificate of Compliance must be transmitted to OAL no later than
						5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g))
						(Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an
						emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL
						no later than 9-23-87, or section will be repealed by operation of law (Gov. C.
						11346.1(g)) (Register 87, No. 22).
7. Repealer and new section
						transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No.
						43).
8. Renumbering of former section
						10552 to
						10544 filed 4-18-94; operative 5-18-94
						(Register 94, No. 16).
Note: Authority cited: Section
						  11834.13,
						  Health and Safety Code. Reference: Section
						  11834.14(d),
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 7 - Licensing Appeals › Section 10553 - Follow-up Visits to Determine Compliance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A
						Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or
						section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No.
						39).
5. Readoption of section filed 1-26-87 as an emergency; operative
						1-27-87. A Certificate of Compliance must be transmitted to OAL no later than
						5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g))
						(Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an
						emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL
						no later than 9-23-87, or section will be repealed by operation of law (Gov. C.
						11346.1(g)) (Register 87, No. 22).
7. Repealer and new section
						transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No.
						43).
8. Renumbering of former section
						10553 to section
						10546 filed 4-18-94; operative 5-18-94
						(Register 94, No. 16).
Note: Authority cited: Section
						  11834.13,
						  Health and Safety Code. Reference: Section
						  11834.14(d),
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 7 - Licensing Appeals › Section 10554 - Administrative Review. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2.
						Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an
						emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by
						operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency;
						operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law
						9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A
						Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or
						section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No.
						39).
5. Readoption of section filed 1-26-87 as an emergency; operative
						1-27-87. A Certificate of Compliance must be transmitted to OAL no later than
						5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g))
						(Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an
						emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL
						no later than 9-23-87, or section will be repealed by operation of law (Gov. C.
						11346.1(g)) (Register 87, No. 22).
7. Repealer and new section
						transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No.
						43).
8. Renumbering of former section
						10554 to section
						10550 filed 4-18-94; operative 5-18-94
						(Register 94, No. 16).
Note: Authority cited: Section
						  11834.13,
						  Health and Safety Code. Reference: Section
						  11834.14(d),
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 3 - Compliance Requirements › Article 1 - Physical Environment › Section 10561 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
					 licensee or applicant shall follow the prescribed procedures of Section
					 10561(b) of this
					 subchapter in the occurrence of any events identified in Section
					 10561(b)(1) of this
					 subchapter.
(b) Upon the occurrence of
					 any of the events identified in Section
					 10561(b)(1) of this
					 subchapter the licensee shall make a telephonic report to department licensing staff
					 within one (1) working day. The telephonic report is to be followed by a written
					 report in accordance with Section
					 10561(b)(2) of this
					 subchapter to the department within seven (7) days of the event. If a report to
					 local authorities exists which meets the requirements cited, a copy of such a report
					 will suffice for the written report required by the department.
(1) Events reported shall include:
(A) Death of any resident from any
					 cause.
(B) Any facility related injury
					 of any resident which requires medical treatment.
(C) All cases of communicable disease reportable
					 under Section 2502 of Title 17, California Code of
					 Regulations shall be reported to the local health officer in addition to the
					 department.
(D) Poisonings.
(E) Catastrophes such as flooding, tornado,
					 earthquake or any other natural disaster.
(F) Fires or explosions which occur in or on the
					 premises.