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. 38, September 20, 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:
(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) Within fifteen (15) days of the date of receipt of the licensee's notice of defense to the accusation, the Department shall request the Office of Administrative Hearings to set the matter for hearing.
(d) Departmental action to suspend or revoke licensure shall comply with the requirements set forth in Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.
(e) Expiration, forfeiture, or surrender of a license shall not prohibit the Department from taking action to deny, suspend, or revoke licensure pursuant to the provisions of Chapter 7.5 (commencing with Section 11834.01), Division 10.5, of the Health and Safety Code or this chapter.
(f) The Department may suspend licensure of a facility prior to hearing when such action is necessary to protect residents of the facility from physical or mental abuse, abandonment or any other substantial threat to the residents' 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 facility pursuant to Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure, in addition to the requirements of Subsection (b) of this regulation.
1. Renumbering
and amendment of former section
10542 to section
10548 filed 4-18-94; operative 5-18-94
(Register 94, No. 16).
2. Amendment of subsections (a)(3), (b)(1)-(b)(3)
and (c) 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will be repealed by operation of law on the following day.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. Editorial
correction of subsection (a)(4) (Register 97, No. 25).
4. Amendment of
subsections (a)(3), (b)(1)-(b)(3) and (c), including additional amendment of
subsection (b)(3), 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.
5. Editorial correction of subsections (a)(1)-(2) (Register 97, No.
51).
6. 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 11834.32, 11834.34, 11834.36, 11834.37, 11834.39 and 11834.45, Health and Safety Code; Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure; and Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2, Government Code.
