Section 1596.96 Of Article 2. Licensure Requirements From California Health And Safety Code >> Division 2. >> Chapter 3.5. >> Article 2.
1596.96
. (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
day care facility for children by an organization which possesses a
current valid license to operate a day care facility for children 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 department shall
request criminal records clearance within five days of receipt of an
application described in subdivision (a), unless the clearance
requirement has been otherwise satisfied by transfer of clearance
under subdivision (g) of Section 1596.871.
(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.
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
a provisional license shall be clearly explained. If a lack of the
fire safety clearance or lack of criminal records clearance is
identified, the notice shall include the dates on which the
department requested the clearance and the current status of those
requests, the fire marshal's name and telephone number to whom a fire
safety clearance request was sent, and 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 which 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, 1992,
develop expedited procedures necessary to implement subdivisions (a),
(b), (c), and (d).
(f) The department shall, immediately after January 1, 1992,
develop an appeal procedure for applicants under this section for
both denial of licenses and delay in processing applications.