Section 1520.3 Of Article 2. Administration From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 2.
1520.3
. (a) (1) If an application for a license or special permit
indicates, or the department determines during the application review
process, that the applicant previously was issued a license under
this chapter or under Chapter 1 (commencing with Section 1200),
Chapter 2 (commencing with Section 1250), Chapter 3.01 (commencing
with Section 1568.01), Chapter 3.3 (commencing with Section 1569),
Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5
(commencing with Section 1596.90), or Chapter 3.6 (commencing with
Section 1597.30) and the prior license was revoked within the
preceding two years, the department shall cease any further review of
the application until two years shall have elapsed from the date of
the revocation. The cessation of review shall not constitute a denial
of the application for purposes of Section 1526 or any other
provision of law.
(2) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant previously was issued a certificate of approval by
a foster family agency that was revoked by the department pursuant
to subdivision (b) of Section 1534 within the preceding two years,
the department shall cease any further review of the application
until two years shall have elapsed from the date of the revocation.
(3) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department or from a certified family home pursuant to Sections 1558,
1568.092, 1569.58, or 1596.8897, the department shall cease any
further review of the application unless the excluded individual has
been reinstated pursuant to Section 11522 of the Government Code by
the department.
(b) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a license under any of
the chapters listed in paragraph (1) of subdivision (a) and the
application was denied within the last year, the department shall
cease further review of the application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions which either have been
corrected or are no longer in existence.
(c) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
(3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
(d) The cessation of review shall not constitute a denial of the
application for purposes of Section 1526 or any other law.