Cal. Code Regs. Tit. 22, § 101205 - Denial of License
(a) Except as
specified in Section
101181, which provides for issuance of
a provisional license based upon substantial compliance, the Department shall deny
an application for a license if the applicant is not in compliance with applicable
laws and regulations. The Department shall issue the denial in accordance with
Health and Safety Code Section
1597.11,
(1) The Department shall deny an application if
the applicant fails to pay any civil penalty assessments, unless payment
arrangements acceptable to the Department have been made.
(2) The Department may deny an application for
licensure or revoke a license if the applicant/licensee, staff and/or volunteers
violate Health and Safety Code Section
1596.885.
(3) The Department shall deny an application for
licensure for grounds specified in Health and Safety Code Section
1596.952(b).
(4) An application shall not be denied solely
because the applicant is a parent who has administered or will continue to
administer corporal punishment not constituting child abuse, as defined in Penal
Code Section
11165(g)
or Health and Safety Code Section
1531.5(c),
on his/her own child(ren).
(b)
If an application is denied, the Department shall inform the applicant of the denial
in writing.
(1) The notice shall include the
reasons for the denial. The notice shall also advise the applicant of the right to
appeal as provided for by Health and Safety Code Section
1596.879.
(c) If the application for a license is denied,
the application processing fee shall be forfeited.
(d) Notwithstanding any appeal action, the child
care center is unlicensed and shall not operate pending adoption by the Director of
a decision on the denial action.
Notes
2. Editorial correction of printing error (Register 91, No. 17).
3. Change without regulatory effect amending lettering and correcting cross-references filed 5-28-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
4. Renumbering of former article 4 to article 5, renumbering of former section 101205 to section 101195, and renumbering and amendment of section heading and section of former section 101191 to section 101205 filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
5. New subsection (a)(3), subsection renumbering and amendment of NOTE filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
6. Editorial correction of subsections (a) and (b)(1) (Register 2002, No. 39).
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.81, 1596.856, 1596.885, 1596.891, 1596.95, 1596.952(b) and 1597.05, Health and Safety Code.
2. Editorial correction of printing error (Register 91, No. 17).
3. Change without regulatory effect amending lettering and correcting cross-references filed 5-28-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
4. Renumbering of former article 4 to article 5, renumbering of former section 101205 to section 101195, and renumbering and amendment of section heading and section of former section 101191 to section 101205 filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
5. New subsection (a)(3), subsection renumbering and amendment of Note filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
6. Editorial correction of subsections (a) and (b)(1) (Register 2002, No. 39).
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