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Section 1786 Of Article 4. Certificate Of Authority From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 4.
1786
. (a) The department shall issue a provisional certificate of
authority when an applicant has done all of the following:
(1) Complied with the approved marketing plans.
(2) Met and continues to meet the requirements imposed under subdivision (a) of Section 1783.3. The issuance of the provisional certificate of authority shall not require, and shall not be dependent upon the release of escrowed funds. Release of escrowed funds shall be governed by Section 1783.3.
(3) Completed construction of the continuing care retirement community or applicable phase.
(4) Obtained the required licenses.
(5) Paid the remainder of the application fee.
(6) Executed a permanent mortgage loan or other long-term financing.
(7) Provided the department with a recorded copy of the Notice of Statutory Limitation on Transfer required by subdivision (aa) of Section 1779.4.
(8) Met all applicable provisions of this chapter.
(b) The provisional certificate of authority shall expire 12 months after issuance unless both of the following occur:
(1) No later than 60 days prior to the expiration of the provisional certificate of authority, the provider petitions the department and demonstrates good cause in writing for an extension of the provisional certificate of authority.
(2) The department determines that the provider is capable of meeting the requirements of Section 1786.2 during the extension period.
(c) The department shall exercise its discretion to determine the length of the extension period.
(d) After the provisional certificate of authority is issued providers may continue to take deposits by modifying the deposit agreement as appropriate. The new deposit agreement shall clearly state the rights of the depositor and the provider. The applicant shall submit the agreements to the department for review and approval prior to use. A provider that holds a provisional certificate of authority or certificate of authority may accept fees paid by potential residents to be placed on a waiting list without using a deposit agreement. These waiting list fees may not exceed five hundred dollars ($500), and shall be refunded to the potential resident upon written request.
(e) All holders of a provisional certificate of authority shall request in writing a certificate of authority when the requirements of Section 1786.2 have been met.
(1) Complied with the approved marketing plans.
(2) Met and continues to meet the requirements imposed under subdivision (a) of Section 1783.3. The issuance of the provisional certificate of authority shall not require, and shall not be dependent upon the release of escrowed funds. Release of escrowed funds shall be governed by Section 1783.3.
(3) Completed construction of the continuing care retirement community or applicable phase.
(4) Obtained the required licenses.
(5) Paid the remainder of the application fee.
(6) Executed a permanent mortgage loan or other long-term financing.
(7) Provided the department with a recorded copy of the Notice of Statutory Limitation on Transfer required by subdivision (aa) of Section 1779.4.
(8) Met all applicable provisions of this chapter.
(b) The provisional certificate of authority shall expire 12 months after issuance unless both of the following occur:
(1) No later than 60 days prior to the expiration of the provisional certificate of authority, the provider petitions the department and demonstrates good cause in writing for an extension of the provisional certificate of authority.
(2) The department determines that the provider is capable of meeting the requirements of Section 1786.2 during the extension period.
(c) The department shall exercise its discretion to determine the length of the extension period.
(d) After the provisional certificate of authority is issued providers may continue to take deposits by modifying the deposit agreement as appropriate. The new deposit agreement shall clearly state the rights of the depositor and the provider. The applicant shall submit the agreements to the department for review and approval prior to use. A provider that holds a provisional certificate of authority or certificate of authority may accept fees paid by potential residents to be placed on a waiting list without using a deposit agreement. These waiting list fees may not exceed five hundred dollars ($500), and shall be refunded to the potential resident upon written request.
(e) All holders of a provisional certificate of authority shall request in writing a certificate of authority when the requirements of Section 1786.2 have been met.
