Cal. Code Regs. Tit. 22, § 101167 - Transfer and Sale
(a) A
license is not transferable.
(1) If the sale
of a licensed child care center will result in the issuance of a new license,
the requirements of Health and Safety Code Section 1597.14 apply.
(2) In the event of the sale and transfer of
property and business, the applicant (buyer) shall be issued an Emergency
Approval to Operate (EAO) (LIC 9117 [4/93]) if the applicant (buyer) complies
with Health and Safety Code Section 1597.14.
(3) The applicant (buyer) who is issued an
EAO (LIC 9117 [4/93]) shall perform all the duties, functions and
responsibilities required of a licensee.
(4) Failure to comply with licensing laws and
regulations under this section, as determined by the Department, shall result
in the denial of the application for a license. This denial shall also
constitute termination of the EAO (LIC 9117 [4/93]).
(5) The Department shall provide to the
applicant (buyer) written notification of the denial. This notice shall be
effective immediately upon receipt.
(b) "A bona fide offer," as specified in
Health and Safety Code Section 1597.14(a)(1), means a proposal by the buyer to
purchase the child care center with definite terms in writing communicated to
the seller and accompanied by a cash deposit.
Notes
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81 and 1597.14, Health and Safety Code.
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