Section 30436 - Standards for Suspension or Revocation of Approval(a) Approval of any school pursuant to section 30412 or LPREP, may be revoked, suspended, limited or conditioned for any of the following reasons: (1) Violation of any provision of the Radiologic Technology Act, as defined in Health and Safety Code section 27, or any regulation promulgated pursuant thereto.(2) Except for LPREPs, failure to maintain a five-year average credentialing examination pass rate, as defined in section 30400, of at least 75 percent.(3) Engaging in deliberate misconduct, as defined in subsection (b).(4) Deliberately submits to the Department information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Department.(6) Procuring an approval of a school or an LPREP by fraud, or misrepresentation, or because of mistake.(7) Failure to report changes pursuant to sections 30435 or 30427.4.(b) For the purposes of subsection (a)(3), deliberate misconduct by a person means an intentional act or omission that the person knows: (1) Would have caused, if not detected, a user, as defined in section 30100, or applicant under this subchapter to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any registration or license issued by the Department pursuant to subchapter 4.0 or certificate or permit issued by the Department under this subchapter; or(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a user or applicant.Cal. Code Regs. Tit. 17, § 30436
1. Repealer and new section heading, section and NOTE filed 10-29-2001; operative 11-28-2001 (Register 2001, No. 44).
2. Renumbering of former article 7 (section 30436) to article 6 and amendment of section and NOTE filed 10-11-2013; operative 10-11-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 41).
3. Amendment of subsections (a), (a)(2) and (a)(6)-(7) and amendment of NOTE filed 7-1-2023; operative 7-1-2023. Amendments exempt from the APA pursuant to Health and Safety Code section 114871 and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8; additional change without regulatory effect to subsection (a)(1) submitted pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 26). Note: Authority cited: Sections 114870(a), 114871 and 131200, Health and Safety Code. Reference: Sections 107045, 114840, 114870(b), 114870(c), 114870(d), 114871, 114875, 114880, 131050, 131051 and 131052, Health and Safety Code.
1. Repealer and new section heading, section and Note filed 10-29-2001; operative 11-28-2001 (Register 2001, No. 44).
2. Renumbering of former article 7 (section 30436) to article 6 and amendment of section and Note filed 10-11-2013; operative 10-11-2013 pursuant to Government Code section 11343.4(b)(3)(Register 2013, No. 41).
3. Amendment of subsections (a), (a)(2) and (a)(6)-(7) and amendment of Note filed 7-1-2023; operative 7/1/2023. Amendments exempt from the APA pursuant to Health and Safety Code section 114871 and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8; additional change without regulatory effect to subsection (a)(1) submitted pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 26).