Section 1779.10 Of Article 2. Application From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 2.
1779.10
. (a) The department shall deny an application for a permit
to accept deposits and a certificate of authority if the applicant
fails to do any of the following:
(1) Pay the application fee as required by Section 1779.2.
(2) Submit all information required by this chapter.
(3) Submit evidence to support a reasonable belief that any
interested party of the proposed continuing care retirement community
who has committed any offenses listed in subdivision (k) of Section
1779.4 is of such good character as to indicate rehabilitation.
(4) Submit evidence to support a reasonable belief that the
applicant is capable of administering the continuing care retirement
community in compliance with applicable laws and regulations when an
action specified in subdivision (j) or (k) of Section 1779.4 has been
taken against the applicant.
(5) Demonstrate the feasibility of the proposed continuing care
retirement community.
(6) Comply with residential care facility for the elderly
licensing requirements.
(b) If the application is denied, no portion of the paid
application fee shall be refundable or refunded.
(c) Immediately upon the denial of an application, the department
shall notify the applicant in writing.
(d) The Notice of Denial from the department shall contain all of
the following:
(1) A statement that the application is denied.
(2) The grounds for the denial.
(3) A statement informing the applicant that it has the right to
appeal.
(4) A statement that the applicant has 30 calendar days from the
date that the Notice of Denial was mailed to appeal the denial, and
where to send the appeal.
(e) If the applicant appeals the denial, further proceedings shall
be conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.