Cal. Code Regs. Tit. 16, § 2085.13 - Withdrawal of Approval
(a)
The Board may withdraw its recognition of a statutorily recognized provider or
approval of an approved provider or the approval for good cause after giving
the party in question ("respondent") written notice setting forth its reasons
for withdrawal and after affording the respondent a reasonable opportunity to
be heard by the Board or its designee of the specific charges for withdrawal of
the Board's recognition or approval. Good cause includes, but is not limited
to, the following:
(1) Failure to comply
substantially with any provisions of chapter 11 of Division 2 of the Business
and Professions Code or Title 16, Division 20 of the California Code of
Regulations; or
(2) Any material
misrepresentation of fact by the respondent in any information required to be
submitted to the Board or the Board recognized national continuing education
provider approval body.
(b) A proceeding to withdraw Board
recognition or approval from a respondent shall be initiated by serving a
written statement of the charges upon the respondent. The statement of charges
sets forth the acts and omissions with which the respondent is charged and sets
forth a date on which such a withdrawal will take effect if not contested. If
the respondent desires to contest the withdrawal of its approval, it shall,
within 30 days after receipt of the written statement of charges, notify the
Board's executive officer in writing of its request for a hearing on the
charges. The Board or its designee shall hold a hearing within 60 days after
receipt of the request for hearing. If the Board elects to allow a designee to
conduct the hearing, the designee shall prepare a written proposed decision in
the matter and submit it to the Board for its approval or modifications.
Following a hearing, the Board shall issue a decision within 100 days following
the close of the record in the hearing or receipt of a proposed decision if the
matter is heard by the Board's designee.
(c) If the respondent fails to notify the
Board's executive officer in writing and in a timely manner that it desires to
contest the written statement of charges, the decision to withdraw approval
shall become effective.
Notes
Note: Authority cited: Sections 4808 and 4846.5, Business and Professional Code. Reference: Section 4846.5, Business and Professions Code.
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