Section 1326.7 - Denial of Certification(a) When the certifying agent, based on a review of the information specified in sections 1326.2, 1326.3, 1326.4 or 1326.5 of this Article, determines that an applicant for certification is not in compliance with the Act and this Chapter, the certifying agent shall provide a written notification of noncompliance to the applicant. When correction of a noncompliance is not possible, a notification of noncompliance and a notice of denial of certification may be combined in one notice. A notification of noncompliance shall provide: (1) A description of each noncompliance;(2) The facts upon which the notification of noncompliance is based; and(3) The date by which the applicant must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible.(b) Upon receipt of such notification of noncompliance, the applicant may:(1) Correct noncompliances and submit a description of the corrective actions taken with supporting documentation to the certifying agent;(2) Correct noncompliances and submit a new application to another certifying agent: Provided, that the applicant must include a complete application, the notification of noncompliance received from the first certifying agent, and a description of the corrective actions taken with supporting documentation; or(3) Submit written information to the issuing certifying agent to rebut the noncompliance described in the notification of noncompliance.(c) After issuance of a notification of noncompliance, the certifying agent must: (1) Evaluate the applicant's corrective actions taken and supporting documentation submitted or the written rebuttal and conduct an on-site inspection if necessary;(2) When the corrective action or rebuttal is sufficient for the applicant to qualify for certification, issue the applicant an approval of certification pursuant to section 1326.6 of this Article; or(3) When the corrective action or rebuttal is not sufficient for the applicant to qualify for certification, issue the applicant a written notice of denial of certification.(d) A certifying agent must issue a written notice of denial of certification to an applicant who fails to respond to the notification of noncompliance within 30 calendar days of the date issued.(e) A notice of denial of certification must state the reason(s) for denial and the applicant's right to: (1) Reapply for certification pursuant to sections 1326.3 and 1326.8 of this Article;(2) Request mediation pursuant to section 1327.3 of this Chapter within 30 calendar days of date of notice of denial; or(3) Request a formal hearing of the denial of certification pursuant to section 1327.2 of this Chapter within 30 calendar days of date of notice of denial.(f) An applicant for certification who has received a written notification of noncompliance or a written notice of denial of certification may apply for certification again at any time with any certifying agent, in accordance with sections 1326.3 and 1326.8 of this Article. When such applicant submits a new application to a certifying agent other than the certifying agent who issued the notification of noncompliance or notice of denial of certification, the applicant for certification must include a copy of the notification of noncompliance or notice of denial of certification and a description of the actions taken, with supporting documentation, to correct the noncompliances noted in the notification of noncompliance.(g) A certifying agent who receives a new application for certification, which includes a notification of noncompliance or a notice of denial of certification, must treat the application as a new application and begin a new application process pursuant to sections 1326.3 and 1326.4 of this Article.(h) Notwithstanding (a) of this section, if a certifying agent has evidence that an applicant for certification has made a false statement or otherwise misrepresented the applicant's operation or its compliance with the certification requirements pursuant to this Article, the certifying agent may deny certification pursuant to (e) of this section without first issuing a notification of noncompliance.Cal. Code Regs. Tit. 3, § 1326.7
1. New section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). 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: Section 25993, Health and Safety Code. Reference: Sections 25990 and 25991, Health and Safety Code.
1. New section filed 9-1-2022; operative 9/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). 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.