Cal. Code Regs. Tit. 22, § 76215 - Issuance, Expiration and Renewal
(a) Upon verification of compliance with the
licensing requirements the Department shall issue the license to the
applicant.
(b) If the applicant is
not in compliance with laws or regulations, the Department shall deny the
applicant a license. Immediately upon the denial of any application for a
license, the Department shall notify the applicant in writing. Within 20 days
of receipt of the Department's notice, the applicant may present his written
notice of appeal for a hearing to the Department. Upon receipt by the
Department of the appeal in proper form, such appeal shall be set for hearing.
The proceedings shall be conducted in accordance with Chapter 5 (commencing
with Section
11500) of Part I of Division 3 of
Title 2 of the Government Code.
(c)
The Department may deny the application of any prospective licensee if the
applicant or any of the general partners, directors, officers or persons having
a beneficial ownership interest of 10 percent or more in the facility, has
failed to comply with the reporting requirements or to obtain approvals
required in Health and Safety Code Section
1267.5(a) and
(b).
(d) The Department may deny the application
of any prospective licensee if any of the general partners, directors, officers
or persons having a beneficial ownership interest of 10 percent or more in the
facility, was an officer, director, general partner or owner of a 10 percent or
more beneficial interest in a skilled nursing facility, intermediate care
facility or community care facility at a time when one or more violations of
law were committed therein which resulted in suspension or revocation of its
license. However, such prior suspension or revocation of a license shall not be
grounds for denial of the application if the applicant shows to the
satisfaction of the Department that the person in question took every
reasonably available action to prevent the violation or violations which
resulted in the disciplinary action and that he or she took every reasonably
available action to correct such violation or violations once he or she knew,
or with the exercise of reasonable diligence should have known, of the
violation or violations.
(e) No
application shall be denied pursuant to subsection (d) until the Department
provides the applicant with notice in writing of grounds for the proposed
denial of application, and affords the applicant an opportunity to submit
additional documentary evidence within 30 days in opposition to the proposed
denial.
(f) The Department shall
immediately notify, in writing, the applicant for a license if a license has
been denied under Section
76315(b), (c) or
(d). If the applicant wishes to appeal the
denial, the applicant must present a written notice of appeal for a hearing to
the Department within 20 days of receipt of the denial notice. Upon receipt by
the Department of the appeal in proper form, such appeal shall be set for
hearing. Hearing procedures shall be conducted in accordance with Chapter 5
(commencing with Section
11500) of Part I of Division 3 of
Title 2 of the Government Code.
(g)
Each initial license shall expire at midnight, one year from the date of issue.
A renewal license:
(1) May be issued for a
period not to exceed two years if the holder of the license has been found in
substantial compliance with statutory requirements, regulations or standards
during the preceding license period.
(2) Shall reflect the number of beds that
meet construction and operational requirements and shall not include beds
formerly located in patient accommodation space which has been permanently
converted.
(3) Shall not be issued
if the skilled nursing facility is liable for and has not paid the special fees
required by Section
90417, Chapter 1, Division 7, of
this Title.
(h) At least
45 days prior to expiration of a license the Department shall mail an
application for renewal of license form to each licensee. Application for
renewal accompanied by the necessary fees shall be filed with the Department
not less than 30 days prior to the expiration date. Failure to make a timely
renewal shall result in expiration of the license.
Notes
Note: Authority cited: Section 208(a), Health and Safety Code. Reference: Sections 1267.5 and 1276, Health and Safety Code.
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