(a) The licensing agency shall have the authority to issue a provisional license to an applicant, pending action under Sections 80031 or 80040 on a completed application for an initial license, if it determines that all of the following circumstances exist:
(1) The facility is in substantial compliance with applicable law and regulation.
(2) An urgent need for licensure exists.
(3) A corporate applicant's board of directors, executive director and officer are eligible for licensure as specified in Health and Safety Code Section 1520.11(b).
(b) The capacity of a provisional license shall be limited to the number of clients for whom urgent need has been established, or the capacity established for the specific facility, whichever is less.
(c) The licensing agency shall have the authority to issue a provisional license for a maximum of six months when it determines that full compliance with licensing regulations will be achieved within that time period.
(d) The licensing agency shall have the authority to issue a provisional license for a maximum of 12 months when it determines, at the time of application, that more than six months is required to achieve full compliance with licensing regulations due to circumstances beyond the control of the applicant.
(e) If, during the provisional license period, the licensing agency discovers any serious deficiencies, the Department shall have the authority to institute administrative action or civil proceedings, or to refer the case for criminal prosecution.
(f) A provisional license shall not be renewable and shall terminate on the date specified on the license, or upon denial of the application, whichever is earlier.
Credits
Note: Authority cited: Sections 1523, 1530 and 1553, Health and Safety Code. Reference: Sections 1520, 1520.11, 1523, 1524, 1525.5, 1528 and 1553, Health and Safety Code.
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former Section 80030 to Section 80029, and renumbering of Section 80031 to Section 80030 filed 1-9-89 (Register 89, No. 3). For prior history, see Register 88, No. 2.
2. New subsection (a)(3) and amendment of Note filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 22, § 80030, 22 CA ADC § 80030
