Statutes, codes, and regulations
California Code Of Regulations
Title 9 - Rehabilitative and Developmental ServicesDivision 4 - Department of Alcohol and Drug ProgramsChapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment FacilitiesSubchapter 2 - Licensing Process
Article 3 - Application for Licensure
Section 10522 - Departmental Review of Application

Cal. Code Regs. tit. 9 § 10522

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Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 10522 - Departmental Review of Application
(a) The Department shall:
(1) Review the application for licensure and attached documentation, required pursuant to Section 10517, to determine completeness and compliance with the requirements of this chapter;
(2) Complete a site visit to determine the applicant's ability to comply with the requirements of this chapter; and
(3) Determine the number of residents for whom a license shall be issued, based on the available living and sleeping space in the proposed facility, and not to exceed the capacity allowed in the fire clearance.
(b) Within 45 working days of receipt of the application, the Department shall notify the applicant whether the application is complete or incomplete. If the application is incomplete, the Department shall specify the information or documentation which is missing, and the applicant shall have sixty (60) days from the date of the notification to provide the missing information or documentation.
(c) Within 120 working days of determining that the application is complete, the Department shall issue to the applicant by certified mail a license, in accordance with Section 10526, or a written notification of denial of licensure, pursuant to Section 10540.
(d) The Department may terminate the review of an application if:
(1) Departmental review determines that the applicant was formerly licensed to operate a community care facility or a residential alcoholism or drug abuse recovery or treatment facility, and the license was administratively suspended or revoked pursuant to Section 11500 et seq. of the Government Code or denied within two (2) years of the date the current application was submitted for review;
(2) The applicant fails to provide additional information within sixty (60) days, as required in Subsection (b) of this regulation;
(3) A fire clearance for the applicant's facility is denied;
(4) The applicant fails to submit the required fee for licensure; or
(5) The applicant submits a written request to withdraw the application.
(e) Termination of the review process shall not constitute denial of licensure.
(f) If the Department terminates a review pursuant to Subsection (d) of this regulation, the Department shall require a new application for licensure.

Cal. Code Regs. Tit. 9, § 10522

1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).
5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).
7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
8. Amendment of section heading, text and NOTE filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
9. Change without regulatory effect amending subsections (b) and (d)(3)-(4) filed 6-12-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 24).
10. Change without regulatory effect amending subsection (b) filed 7-2-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 27).
11. Governor Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020, which suspended certain provisions related to the operation of substance abuse disorder services residential treatment facilities, due to the COVID-19 pandemic.

Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.09, Health and Safety Code.

1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).
2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).
3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).
4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).
5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).
6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).
7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
8. Amendment of section heading, text and Note filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
9. Change without regulatory effect amending subsections (b) and (d)(3)-(4) filed 6-12-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 24).
10. Change without regulatory effect amending subsection (b) filed 7-2-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 27).