Section 1569.150 Of Article 2. Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 2.
1569.150
. (a) The department and the licensing agencies with which
it contracts for licensing shall review and make a final
determination within 60 days of an applicant's submission of a
complete application on all applications for a license to operate a
residential care facility for the elderly if the applicant possesses
a current valid license to operate a residential care facility for
the elderly at another site. Applicants shall note on the
application, or in a cover letter to the application, that they
possess a current valid license at another site, and the number of
that license.
(b) The department shall request a fire safety clearance from the
appropriate fire marshal within five days of receipt of an
application described in subdivision (a). The applicant shall be
responsible for requesting and obtaining the required criminal record
clearances.
(c) If the department for any reason is unable to comply with
subdivision (a), it shall, within 60 days of receipt of the
application described in subdivision (a), grant a provisional license
to the applicant to operate for a period not to exceed six months,
except as provided in subdivision (d). While the provisional license
is in effect, the department shall continue its investigation and
make a final determination on the application before the provisional
license expires. The provisional license shall be granted, provided
the department knows of no life safety risks, the criminal records
clearances, if applicable, are complete, and the fire safety
clearance is complete. The director may extend the term of a
provisional license for an additional six months at the time of the
application, if the director determines that more than six months
will be required to achieve full compliance with licensing standards
due to circumstances beyond the control of the applicant, and if all
other requirements for a license have been met.
(d) If the department does not issue a provisional license
pursuant to subdivision (c), the department shall issue a notice to
the applicant identifying whether the provisional license has not
been issued due to the existence of a life safety risk, lack of a
fire safety clearance, lack of a criminal records clearance, failure
to complete the application, or any combination of these reasons. If
a life safety risk is identified, the risk preventing the issuance of
the provisional license shall be clearly explained. If a lack of the
fire safety clearance is identified, the notice shall include the
dates on which the department requested the clearance and the current
status of that request, and the fire marshal's name and telephone
number to whom a fire safety clearance request was sent. The
department shall identify the names of individuals for whom criminal
records clearances are lacking. If failure to complete the
application is identified, the notice shall list all of the forms or
attachments that are missing or incorrect. This notice shall be sent
to the applicant no later than 60 days after the applicant filed the
application. If the reasons identified in the notice are corrected,
the department shall issue the provisional license within five days
after the corrections are made.
(e) The department shall, immediately after January 1, 1993,
develop expedited procedures necessary to implement subdivisions (a),
(b), (c), and (d).
(f) The department shall, immediately after January 1, 1993,
develop an appeal procedure for applicants under this section for
both denial of licenses and delay in processing applications.