Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicants
and licensees may appeal a notice of licensing action by submitting a written
request for administrative review to the Director of the Department.
(1) The request for administrative review shall be
received by the Department no later than 15 calendar days from the date of service
of the notice of licensing action. The request for administrative review shall:
(A) Identify the statute(s) or regulation(s) at
issue and the legal basis for the applicant's or licensee's appeal;
(B) State the facts supporting the applicant's or
licensee's position; and
(C) State
whether the applicant or licensee waives an informal conference and requests to
proceed with an administrative hearing conducted pursuant to Chapter 5 (commencing
with Section 11500) of Part 1, Division 3, Title 2 of
the Government Code.
(2)
Failure to submit a written request for administrative review pursuant to this
subsection shall be deemed a waiver of administrative hearing and the licensing
action shall be final.
(b) The
first level of review for a licensing action shall be an informal conference. The
Department need not conduct the informal conference in the manner of a judicial
hearing pursuant to the Administrative Procedure Act (Chapter 5 (commencing with
Section 11500), Part 1, Division 3, Title 2 of
the Government Code). The Department need not conduct the informal conference
according to the technical rules relating to evidence and witnesses.
(1) Within 15 calendar days of receipt of the
request for administrative review, the Division Chief in charge of the Licensing and
Certification Division or the Division Chief's designee shall schedule an informal
conference with the applicant or licensee, and the informal conference shall be held
within 45 working days of receipt of the request for administrative review, unless:
(A) The Department and the applicant or licensee
agree to settle the matter;
(B) The
applicant or licensee waives the 15- or 45-day requirements for setting and holding
the informal conference;
(C) The
applicant or licensee waives the informal conference; or
(D) The Department or the applicant or licensee
provides to the other party written substantiation of the cause for a
delay.
(2) Failure of the
applicant or licensee to appear at the informal conference constitutes a withdrawal
of the appeal and the licensing action shall be final, unless the informal
conference is waived in writing pursuant to subsection (b)(1)(C).
(3) The representative(s) of the Department who
issued the notice of licensing action may attend the informal conference and present
oral or written information in substantiation of the alleged violation or the
Department's position may be presented in the notice of licensing action.
(4) At the informal conference the applicant or
licensee shall have the right to:
(A)
Representation by legal counsel.
(B)
Present oral and written information.
(C) Explain any mitigating
circumstances.
(5) No party to
the action shall have the right to discovery at the informal conference. However,
witness(es) shall be allowed to attend and present testimony under oath.
(6) Either party may record the proceedings of the
informal conference on audio tape.
(7)
At the applicant or licensee's request, the informal conference may be held in
person, at a location specified by the Department, by telephone, by submission of
the applicant or licensee's written position statement, or in any other manner
agreed to by both parties.
(c)
No later than 15 calendar days from the date of the informal conference, the
Department shall mail the decision to affirm, modify, or dismiss the notice of
licensing action to the applicant or licensee.
(1)
The decision shall give notice to the applicant or licensee of his/her right to an
administrative hearing and the time period in which to make such a
request.
(2) A copy of the decision
shall be transmitted to each party.
(d) The second level of review for a licensing
action shall be an administrative hearing conducted pursuant to Chapter 5
(commencing with Section
11500), Part 1, Division 3, Title 2 of
the Government Code.
(1) An applicant or licensee
may request an administrative hearing only if:
(A)
The applicant or licensee waives the informal conference and requests an
administrative hearing pursuant to the provisions set forth in subsection (a),
or
(B) The applicant or licensee timely
requests an administrative hearing as specified in subsection
(d)(2)(A).
(2) The applicant
or licensee may request an administrative hearing by submitting a request in writing
to: Deputy Director, Behavioral Health, Department of Health Care Services, P.O. Box
997413, MS 2603, Sacramento, CA 95899-7413.
(A)
The request for administrative hearing shall be received by the Department no later
than 15 calendar days from the date of service of the:
1. Decision of the informal conference;
or
2. Notice of licensing action if the
applicant or licensee waives the informal conference.
(B) Failure of the applicant or licensee to
request an administrative hearing pursuant to subsection (d)(2)(A) shall be a waiver
of the right to a hearing and the licensing action shall be
final.
(3) Upon receipt of the
request for administrative hearing, the Department shall issue an Accusation or
Statement of Issues and request that the matter be set for
hearing.
(e) A licensing
action shall be final when:
(1) The applicant or
licensee fails to appeal the licensing action in a timely manner, pursuant to
subsections (a) and (d); or
(2) A final
determination is made in accordance with Section
11517 of the
Government Code; or
(3) The parties have
agreed in writing to a resolution of the matter.
(f) In the event an applicant or licensee appeals
the Department's assessment of a civil penalty, collection of any civil penalty
shall be stayed until the final action on the licensing appeal. When the licensing
action is final, the applicant or licensee shall pay all civil penalties to the
Department within 60 calendar days of receipt of mailing of final adjudication. The
civil penalties shall bear interest at the legal rate of interest from the date of
notice of final adjudication until paid in full. Failure to pay the civil penalty
and accrued interest within 60 calendar days of the notice of final adjudication
shall result in one or more of the following sanctions:
(1) Denial of an application for a
license;
(2) Denial of an application
for renewal of a license; and/or
(3)
Suspension or revocation of a license.
1. New section
filed 6-7-2006; operative 6-7-2006 pursuant to Government Code section
11343.4
(Register 2006, No. 23).
2. Change without regulatory effect amending
subsections (b) and (e)(2) filed 3-6-2008 pursuant to section
100, title 1, California Code of
Regulations (Register 2008, No. 10).
3. Amendment of section and NOTE
filed 5-7-2020; operative 7-1-2020 (Register 2020, No. 19).
Note: Authority cited: Sections
11750,
11755,
11835
and
11839.3,
Health and Safety Code. Reference: Sections
11839.3,
11839.4,
11839.9
and
11839.12,
Health and Safety Code.
