Cal. Code Regs. Tit. 22, § 101181 - Provisional License

(a) The Department has the authority to issue a provisional license pursuant to Health and Safety Code Sections 1596.84 and 1596.96 provided the child care center is in substantial compliance with applicable laws and regulations, as defined in Section 101152 s.(4), and has submitted a completed application as specified in Section 101152 c.(8).

(b) The Department shall not issue a provisional license if a corporate applicant's board of directors, executive director and officer are ineligible for licensure, as specified in Health and Safety Code Section 1596.952(b).

(c) The Department has the authority to issue a provisional license for a maximum of 90 days to otherwise qualified applicants who are not in compliance with the requirements for health and safety training as specified in Health and Safety Code Section 1596.866.

(d) During the provisional license period, if the Department discovers any deficiencies that threaten the physical health, mental health, safety or welfare of the children, the Department has the authority to institute administrative action or civil proceedings, or to refer the case for criminal prosecution.

(e) A provisional license terminates on the date specified on the provisional license or upon denial of the application, whichever is earlier.

(1) Health and Safety Code Section 1596.84 specified how long and under what circumstances a provisional license may last.

(f) If the Department determines after its review specified in Section 101178 that the provisional licensee does not meet licensing requirements, the application shall be denied as specified in Section 101205; the provisional license shall immediately terminate; and operation shall immediately cease.

(g) If the Department denies the application for a license, the applicant may appeal the denial as provided in Section 101205. Until the Director adopts a decision on the denial action, the child care center is unlicensed.

Notes

Cal. Code Regs. Tit. 22, § 101181

1. Change without regulatory effect (Register 86, No. 29).
2. Amendment of section and NOTE filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
3. New subsection (b), subsection relettering and amendment of NOTE filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).

Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.81(b), 1596.84, 1596.866, 1596.952(b) and 1596.96, Health and Safety Code.

1. Change without regulatory effect (Register 86, No. 29).
2. Amendment of section and Note filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
3. New subsection (b), subsection relettering and amendment of Note filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).