Cal. Code Regs. tit. 22 § 86018

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 86018 - Application for Licensure
(a) Any firm, partnership, association, or corporation 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:
(1) The applicant shall attend a THPP orientation provided by the licensing agency.
(A) The orientation shall cover, but not be limited to, the following areas:
(i) Completion of the application for license.
(ii) Scope of operation subject to regulation by the department.
(B) 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.
(C) An applicant applying for more than one facility license, in the same facility type, shall be required to attend only one orientation.
(2) And in a county that has a Department-approved THPP plan, the applicant must submit to the county department of social services or the county probation department a program plan that meets the criteria outlined in the county THPP plan and includes the provisions of Welfare and Institutions Code Sections 16522 and 16522.1.
(c) The applicant/licensee shall cooperate with the licensing agency in providing verification and/or documentation as requested by the licensing agency.
(d) An applicant can be licensed to operate a THPP only in counties that have a Department-approved THPP plan.
(1) If a county does not have a Department-approved THPP plan the THPP provider may provide services in that county only if the provider has:
(A) A host county letter authorizing the THPP provider to provide services in that host county; and
(B) A license in an adjacent county that does have a Department-approved THPP plan.
(e) 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, constitution and by-laws.
(E) If the applicant is a corporation, each member of the board of directors, executive director, and any officer shall list the name of facilities which they have been licensed to operate, employed by or a member of the board of the 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) The category of facility to be operated.
(6) Maximum number of persons to be served.
(7) Age range, sex and the categories of persons to be served, including but not limited to persons with developmental disabilities, mental disorders, physically handicapped and/or nonambulatory persons.
(8) Hours or periods of facility operation.
(9) Name of administrator.
(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 86022.
(14) Fingerprint cards as specified in Section 86019.
(15) Information required by Health and Safety Code Section 1522.1.
(16) The bonding affidavit specified in Section 86025(a).
(17) A health screening report on the applicant as specified in Section 86065 (l).
(18) The fee for processing the application by the requested capacity as specified in Section 86036.
(19) Such other information as may be required pursuant to Section 1520(g) of the Health and Safety Code.
(20) The application shall contain a Certificate of Approval from either the county department of social services or the county probation department, approving the applicant's plan of operation. The Certificate of Approval shall verify that the plan of operation meets the criteria outlined in the county THPP plan and includes the provisions of Welfare and Institutions Code Sections 16522 and 16522.1 as specified in Health and Safety Code Section 1559.115.
(f) 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.
(g) The application shall be filed with the licensing agency designated to serve the THPP proposed geographic area of service.

Cal. Code Regs. Tit. 22, § 86018

1. New article 3 (sections 86018-86036) and section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 86018-86036) and section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order, including amendment of section and NOTE, transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. Change without regulatory effect amending section and NOTE filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1520, 1520.11, 1522, 1522.1, 1523.1, 1524.5, 1525.3, 1559.110, 1559.115 and 1560, Health and Safety Code; Sections 11401, 11402, 11403, 16522, 16522.1, 16522.2, 16522.5 and 16522.6, Welfare and Institutions Code; and 29 U.S.C., Section 1501 et. seq.

1. New article 3 (sections 86018-86036) and section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 ( Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 86018-86036) and section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 ( Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order, including amendment of section and Note, transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. Change without regulatory effect amending section and Note filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.