California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 3 - Programs for Alcohol and Drug Impaired Drivers
Subchapter 2 - Licensure of DUI Programs
Article 6 - Corrective Action
Section 9834 - Suspension or Revocation of Licensure
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Department may seek suspension or revocation of a license, in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, when:
(b) The Department shall deliver to the licensee, in person or by certified mail, an accusation and notice of suspension or revocation, which shall:
(c) Expiration, forfeiture, or surrender of a license shall not prohibit the Department from taking action to deny, suspend, or revoke licensure in accordance with the provisions of Chapter 9 (commencing with Section 11836) of Part 2, Division 10.5 of the Health and Safety Code or this Chapter.
(d) The Department may suspend operation of a licensed program prior to a hearing, when such action is necessary to protect participants or the general public from physical or mental abuse, abandonment, or any other substantial threat to the participants' health or safety. If the Department takes such action, the notice of suspension shall specify the licensee's legal right to petition the court to enjoin closure of the program in accordance with Chapter 3 (commencing with Section 525) of Title 7, Part 2 of the Code of Civil Procedure, in addition to the requirements of Subsection (b)(4) of this regulation.
(e) The Department shall provide a copy of any accusation or notice of suspension or revocation to the county alcohol program administrator within seven (7) days of issuance.
(f) The Department, within seven (7) days of issuance of the notice of suspension or revocation, shall notify the courts, in writing, not to refer participants to the program because the Department is taking action to suspend or revoke its license.
1. Change
without regulatory effect renumbering and amending former section
9834 to section
9857 and former section
9812 to section
9834 filed 4-15-91 pursuant to section
100, title 1, California Code of
Regulations (Register 91, No. 20). For prior history, see Register 82, No.
47.
2. Amendment of subsection (a) and NOTE and repealer and adoption of
subsection (f) filed 11-8-91 as an emergency; operative 1-1-92 (Register 92, No. 8).
A Certificate of Compliance must be transmitted to OAL 4-29-92 or emergency language
will be repealed by operation of law on the following day.
3. Amendment
of subsection (a) and NOTE and repealer and adoption of subsection (f) refiled
4-27-92 as an emergency; operative 4-28-92 (Register 92, No. 19). A Certificate of
Compliance must be transmitted to OAL 8-26-92 or emergency language will be repealed
by operation of law on the following day.
4. Certificate of Compliance as
to 4-27-92 order transmitted to OAL 7-16-92 and filed 8-25-92 (Register 92, No.
35).
5. Repealer and new section filed 9-1-2004; operative 10-1-2004
(Register 2004, No. 36).
Note: Authority cited: Section 11836.15, Health and Safety Code; and Section 23161(b), Vehicle Code. Reference: Sections 11836, 11837.4, 11837.5, 11837.6, 11837.7, 11838.10 and 11838.11, Health and Safety Code.
