§ 82027. Initial Application Review.

(a) Within 90 days of receipt of the signed application and all supporting documents described in Section 82018(d), the licensing agency shall give written notice to the applicant of one of the following:

(1) The application and supporting documents have been received and accepted for consideration.

(2) The application is deficient, describing additional information required within thirty (30) days.

(A) If the applicant does not submit the required information within the thirty (30) days the application shall be deemed withdrawn unless either the licensing agency has denied the application or the adult day program facility is under construction.

(b) The licensing agency shall cease review of any application under the conditions as specified in Health and Safety Code Section 1520.3.

(1) If cessation of review occurs, the application shall be returned to the applicant. It shall be the responsibility of the applicant to request resumption of review as specified in Health and Safety Code Section 1520.3.

(c) The circumstances and conditions in which the licensing agency may continue to review a previously denied application shall include, but are not limited to, the following:

(1) A fire clearance previously denied, but now approved;

(2) An administrator who did not meet the minimum qualifications, but now fulfills the qualifications; or

(3) A person with a criminal record, which was the basis for license denial, is no longer associated with the day program.

(d) The application review shall not constitute approval of the application.

(e) The licensing agency shall complete the following as part of the application review process:

(1) A site visit to the proposed day program and a determination of the qualifications of the applicant.

(2) A determination that the applicant has secured an appropriate fire clearance from the State Fire Marshal, if required.

(3) A determination that the applicant has the ability to comply with the provisions of the Community Care Facilities Act and the regulations in Chapter 3.

(4) A determination that the day program complies with the provisions of the Community Care Facilities Act and the regulations in Chapter 3.

(f) The licensing fee shall be non-refundable as specified in Section 82036(d).

HISTORY

1. New section filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).

Note

Note: Authority cited: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1520, 1520.3, 1524, 1525 and 1531, Health and Safety Code; and Section 15376, Government Code.