Section 80040 - Denial of Initial License(a) Except as specified in Section 80030, which provides for issuance of a provisional license based upon substantial compliance and urgent need, the licensing agency shall deny an application for an initial license if it is determined that the applicant is not in compliance with applicable law and regulation. (1) The licensing agency shall have the authority to deny an application for an initial license if the applicant has failed to pay any civil penalty assessments pursuant to Section 80058 and in accordance with a final judgment issued by a court of competent jurisdiction, unless payment arrangements acceptable to the licensing agency have been made.(2) An application for initial licensure shall not be denied solely on the basis that the applicant is a parent who has administered or will continue to administer corporal punishment, not constituting child abuse as defined in Section 11165, subdivision (g) of the Penal Code, or Section 1531.5(c) of the Health and Safety Code, on his/her own child(ren).(3) An application for licensure shall be denied as specified in Health and Safety Code Sections 1520.11(b), (d) and 1550.(b) If the application for an initial license is denied, the licensing agency shall mail the applicant a written notice of denial. (1) The notification shall inform the applicant of and set forth the reasons for the denial, and shall advise the applicant of the right to appeal.(c) If the application for an initial license is denied, the application processing fee shall be forfeited.(d) An applicant shall have the right to appeal the denial of the application pursuant to Health and Safety Code Section 1526.(e) Notwithstanding any appeal action, the facility is unlicensed and shall not operate pending adoption by the director of a decision on the denial action.Cal. Code Regs. Tit. 22, § 80040
1. New subsection (a)(1) filed 6-5-84; effective thirtieth day thereafter (Register 84, No. 23).
2. Amendment filed 12-22-87; operative 1-21-88 (Register 88, No. 2).
3. Amendment of subsection (a) filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
4. Change without regulatory effect of subsection (a) pursuant to Section 100, Title 1, California Code of Regulations filed 1-9-89 (Register 89, No. 3).
5. New subsection (a)(3) and amendment of NOTE filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40). Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1520, 1520.11, 1525, 1526, 1528, 1547 and 1548, Health and Safety Code.
1. New subsection (a)(1) filed 6-5-84; effective thirtieth day thereafter (Register 84, No. 23).
2. Amendment filed 12-22-87; operative 1-21-88 (Register 88, No. 2).
3. Amendment of subsection (a) filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
4. Change without regulatory effect of subsection (a) pursuant to Section 100, Title 1, California Code of Regulations filed 1-9-89 (Register 89, No. 3).
5. New subsection (a)(3) and amendment of Note filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).