Section 7213.1 - Suspension or Termination of a Licensee's or Vendor's License(a) For the purposes of this section, the DR 468, Vending Facility License (Rev. 07/07), incorporated by reference herein, shall be referred to as the "license." Only the Department may suspend or terminate the license of a licensee or a vendor.(b) Written notice of the intent to terminate the license of a licensee or suspend or terminate the license of a vendor shall be considered properly served by one of the following two methods and shall include a declaration of service: (1) Certified mail to the current mailing address provided to the BEP Manager by the licensee or vendor in accordance with Section 7213(c) of these regulations; or(2) Personal service on the licensee or vendor.(c) The notice of intent to terminate a licensee's license or suspend or terminate a vendor's license shall specify the following:(1) If applicable, the primary site and any satellite sites of a vendor's vending facility, as defined in Section 7211(a)(36) and (a)(38) of these regulations, respectively, that are affected.(2) The grounds for the suspension or termination that constitute good cause, as specified in Section 7213.3 of these regulations.(3) The facts upon which the suspension or termination are based.(4) The effective date of the suspension of a vendor's license, in accordance with (d) herein, or the effective date of the termination of a licensee's or vendor's license, in accordance with (e) herein.(5) The length of the suspension, if the notice is of a suspension.(6) The right of the licensee or vendor to an administrative review and a full evidentiary hearing, in accordance with Sections 7227.1 and 7227.2 of these regulations, respectively.(d) Suspension of a vendor's license shall be effective 15 working days from the date of service, unless the vendor files a request for an administrative review or a full evidentiary hearing, in accordance with Section 7227.1 or 7227.2 of these regulations, respectively, before the effective date of the suspension.(e) Termination of a licensee's or vendor's license shall be effective 15 working days from the date of service, unless the licensee or vendor files a request for an administrative review or a full evidentiary hearing, in accordance with Section 7227.1 or 7227.2 of these regulations, respectively, before the effective date of the termination. (1) If a licensee appeals a termination of his or her license, and the Department prevails at an administrative review and/or a full evidentiary hearing, the licensee's license shall be immediately terminated upon the effective date of the decision.(2) If a vendor appeals a suspension of his or her license, and the Department prevails at an administrative review and/or a full evidentiary hearing, a vendor with only one site, or with two or more sites that have been combined or consolidated or include an interim vending facility, may not operate at any of the sites until the suspension period has ended and the cause(s) for the suspension have been remedied. If the vendor fails to remedy the cause(s) for the suspension, the BEP shall take action to terminate the vendor's license or operating agreement for good cause in accordance with Section 7213.3 of these regulations. The vending facility vacated may be placed into interim operation pursuant to Section 7215 of these regulations, until such time that the vacated vending facility may be announced as available to be operated on a permanent basis.(3) If a vendor operating a vending facility comprised of only one site, or two or more sites that have been combined or consolidated or include an interim vending facility, appeals a termination of his or her license, and the Department prevails at an administrative review and/or a full evidentiary hearing, the vendor may not operate at any of the sites, as of the effective date of the decision. The vendor must vacate all sites within his or her vending facility within 15 calendar days of the effective date of the decision. The vending facility vacated may be placed into interim operation pursuant to Section 7215 of these regulations, until such time that the vacated vending facility may be announced as available to be operated on a permanent basis.Cal. Code Regs. Tit. 9, § 7213.1
1. Renumbering of former section 7223 to section 7213.1 and amendment of NOTE filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
2. Amendment of section heading, repealer and new section and amendment of NOTE filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
3. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39). Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016, 19632 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107, 107a(a)(5), 107a(b), 107a(e), 107b(6) and 107d-1(a); 34 CFR Sections 395.1(i), 395.2, 395.3(a)(7), 395.3(a)(11)(ii), 395.5, 395.7 and 395.13; and Sections 19011, 19625, 19626, 19632(d) and 19635, Welfare and Institutions Code.
1. Renumbering of former section 7223 to section 7213.1 and amendment of Note filed 2-4-93; operative 3-8-93 (Register 93, No. 6).
2. Amendment of section heading, repealer and new section and amendment of Note filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
3. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).