Section 2086.9 - Withdrawal of Approval(a) The board may withdraw its recognition of a statutorily recognized provider or approval of an approved provider or the approval entity for good cause after giving the party in question 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 commencing with section 4800 or Title 16, Division 20 of the California Code of Regulations commencing with section 2000; 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body.(b) Withdrawal of board recognition or approval from a provider shall be in writing and state the basis of the withdrawn approval. The notice shall state the date on which the withdrawal will take effect if not contested. If the respondent desires to contest the withdrawal of its approval, it shall, within 15 days after receipt of the written notice, notify the board's executive officer in writing of its intent to contest. The board or its designee shall afford the provider an opportunity to be heard, in writing or in person at the election of the board, within a reasonable time after notice of the intent to contest the withdrawn approval. The board shall notify the provider of its decision in writing within a reasonable time after the provider has had an opportunity to be heard.(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fails to notify the board's executive officer in writing and in a timely manner that it desires to contest the withdrawn approval, the decision to withdraw approval shall become effective.Cal. Code Regs. Tit. 16, § 2086.9
1. New section filed 4-14-2011; operative 5-14-2011 (Register 2011, No. 15). Note: Authority cited: Sections 4808 and 4838, Business and Professional Code. Reference: Section 4838, Business and Professions Code.
1. New section filed 4-14-2011; operative 5-14-2011 (Register 2011, No. 15).