Cal. Code Regs. tit. 22 § 81018

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 81018 - Application for License
(a) Any adult, firm, partnership, association, corporation, county, city, public agency or other governmental entity desiring to obtain a license shall file with the licensing agency a verified application on forms furnished by the licensing agency.
(b) Prior to filing an application, the applicant shall attend an orientation designed for the social rehabilitation facility category and provided by the licensing agency.
(1) The orientation shall cover, but not be limited to, the following areas:
(A) Completion of the application for license.
(B) Scope of operation subject to regulation by the Department.
(2) An applicant, who is already licensed for a facility in the same category, shall not be required to attend an orientation if the last orientation attended was for the same facility type and within two (2) years of the next scheduled orientation.
(3) An applicant applying for more than one social rehabilitation facility license, shall be required to attend only one orientation.
(c) The applicant/licensee shall cooperate with the licensing agency in providing verification and/or documentation as requested by the licensing agency.
(d) The application and supporting documents shall contain the following:
(1) Name or proposed name and address of facility.
(2) Name and residence and mailing addresses of applicant.
(A) If the applicant is a partnership, the name and principal business address of each partner.
(B) If the applicant is a corporation or association, the name, title and principal business address of each officer, executive director and member of the governing board.
(C) If the applicant is a corporation which issues stock, the name and address of each person owning more than 10 percent of stock in such corporation.
(D) If the applicant is a corporation or association, a copy of the articles of incorporation, the constitution and the by-laws.
(E) If the applicant is a corporation, each member of the board of directors, executive director, and any officer shall list the names of facilities which they have been licensed to operate, employed by or a member of the board of directors, executive director or an officer.
(3) Name and address of owner of facility premises if applicant is leasing or renting.
(4) Procedures as required pursuant to Section 1524.5 of the Health and Safety Code.
(5) Category of facility to be operated.
(6) Maximum number of persons to be served.
(7) Age range, sex and categories of persons to be served, including but not limited to persons with developmental disabilities, mental disorders, and physically handicapped and/or nonambulatory persons.
(8) Hours or periods of facility operation.
(9) Name of administrator, if applicable.
(10) Information required by Health and Safety Code section 1520(d).
(11) Information required by Health and Safety Code section 1520(e).
(12) Name, address and telephone number of the city or county fire department, the district providing fire protection services, or the State Fire Marshal's Office having jurisdiction in the area where the facility is located.
(13) A plan of operation as specified in Section 81022.
(14) Criminal record clearance as specified in Section 81019.
(15) The bonding affidavit specified in Section 81025(a).
(16) A health screening report on the applicant as specified in Section 81065(g).
(17) The fee for processing the application by the requested capacity as specified in Section 81036.
(18) Such other information as may be required pursuant to Section 1520(g) of the Health and Safety Code.
(e) The application shall be signed by the applicant.
(1) If the applicant is a partnership, the application shall be signed by each partner.
(2) If the applicant is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or authorized representative.
(f) The application shall be filed with the licensing agency that serves the geographical area in which the facility is located.
(g) Each applicant shall submit to the Department an itemized financial plan of operation. The financial plan of operation shall consist of a financial statement listing the applicant's assets and liabilities and an anticipated budget, including operating income and costs.
(1) Liquid assets shall be available for start-up funds sufficient to cover the first three months operating costs of the facility.
(A) The value of an existing contract with a county mental health agency shall be included as a liquid asset.
(h) The licensing agency shall have the authority to require written verification of the availability of the funds required in Section 81018(g)(1) above.
(i) Prior to licensure, each applicant shall submit to the licensing agency evidence of current program certification, which shall be signed by an authorized representative of the California Department of Health Care Services.
(1) The certification document shall contain the following:
(A) Facility name and address;
(B) Program type(s);
(C) Capacity for each program type;
(D) Staff positions and qualifications;
(E) Staffing pattern and ratio; and
(F) Certification effective/expiration date.
(2) The facility shall notify the California Department of Health Care Services of any changes pertaining to Section 81018(i)(1).
(A) The licensee shall keep written evidence on file at the facility that the California Department of Health Care Services has received the notification.

Cal. Code Regs. Tit. 22, § 81018

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsections (d) and (d)(1)(A) (Register 91, No. 32).
3. Change without regulatory effect amending section and NOTE filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and Institutions Code; and Sections 1501, 1502(a)(7), 1520, 1520.11, 1522, 1523.1, 1524.5 and 1560, Health and Safety Code.

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsections (d) and (d)(1)(A) (Register 91, No. 32).
a1 The reorganization of Chapter 2 is printed as a repealer and adoption for clarity.
3. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).