§ 79581. Application Required.

(a) An application shall be submitted to the Department for a license to operate a correctional treatment center.

(b) The licensee shall submit an application for a corrected license to the Department when any of the following occur:

(1) Construction of a new or replacement correctional treatment center.

(2) Increase or decrease in licensed bed capacity.

(3) Change of license category.

(4) Change of name of correctional institution or detention facility within whose administration the correctional treatment center is established and licensed.

(5) Change of location of correctional treatment center.

(6) Change in bed classification.

(c) All applicants for an initial or renewal license shall provide to the Department, as part of the application, a detailed written list of the services to be offered or provided by the correctional treatment center. In the case of application for renewal license, the list shall include all proposed modifications to existing approved treatment services.

(d) If the Department denies the initial application for a license or a renewal of a license, the Department shall notify the applicant in writing, specifying the reasons for the denial.

(e) Within twenty (20) days of receipt of the Department's notice of denial, the licensee or applicant may present to the Department a written request for an informal hearing to decide the issue of whether or not the Department properly denied the applicant's initial or renewal application. The informal hearing shall be held by the Department as soon as possible, but not later than thirty (30) calendar days after the Department's receipt of the applicant's or licensee's written request. The licensee or applicant may request a formal administrative adjudication pursuant to Health and Safety Code Section 1269.

(f) The provisions of this article do not apply to any facility in which the services provided consist only of emergency stabilization pending transfer to another licensed health facility, or limited health care services that would normally be provided in the home under the care of a physician.

HISTORY

1. New article 2 and section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code section 1250 (Register 94, No. 23).

Note

Note: Authority cited: Sections 208(a) and 1267.10(a), Health and Safety Code. Reference: Sections 1250(j) and 1254, Health and Safety Code.