Welcome to the California Department of Alcohol and Drug Programs
California Code of Regulations
Title 9. Rehabilitation and Developmental Services
Division 4. Department of Alcohol and Drug Programs
Chapter 5. Licensure of Residential Alcoholism or Drug Abuse Recovery
Subchapter 2. Licensing Process
Article 3. Application for Licensure


§10514. Who May Apply for Licensure.

Any adult or firm, partnership, association, corporation, county, city, public agency, or other governmental entity may apply for a license regardless of age, sex, race, religion, color, political affiliation, national origin, disability, marital status, or sexual orientation.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.30 and 11834.50, Health and Safety Code.

HISTORY
1. Renumbering and amendment of former section 10515 to section 10514 filed 4- 18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 87, No. 43.

2. Change without regulatory effect relocating and amending article 3 heading filed 11-17-94 pursuant to section 100, title 1, California Code ofRegulations (Register 94, No. 46).




§10515. How to Obtain Application Information.

Application information may be obtained by contacting the Licensing and Certification Branch, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95814 [telephone: (916) 322-2911].

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.03, Health and Safety Code.

HISTORY
1. Renumbering of former section 10515 to section 10514 and new section filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 87, No. 43.

2. Change without regulatory effect relocating article 3 heading filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).




§10516. Content of Application.

(a) The application and supporting documents shall contain the following:
(1) The name or proposed name and address of the facility;
(2) The name and mailing address of the applicant;
(A) If the applicant is a partnership, the name and principal business address of each partner, and a copy of the partnership agreement as filed with the county or state, as applicable;
(B) If the applicant is a corporation or association, the name and address of the principal place of business of the corporation or association; the name and title of the officer or employee who acts on behalf of the corporation or association; and a copy of the articles of incorporation and bylaws.
(3) The name and address of owner of facility premises if applicant is leasing or renting;
(4) The maximum number of residents to be served;
(5) A description of the demographics of the resident population to be served;
(6) The name of the administrator;
(7) A plan of operation as specified in Section 10517(a); and
(8) A statement describing the process for safeguarding the personal property of the residents, if it is the licensee's policy to accept such property for safekeeping.
(b) The applicant shall sign the application.
(1) If the applicant is a partnership, the application shall be signed by each partner.
(2) If the applicant is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual legally responsible for representing the firm, association, corporation, county, city, public agency, or other governmental entity.

NOTE
Authority cited: Section 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.03 and 11834.09, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of section heading, text and Note filed 4-18-94; operative 5-18- 94 (Register 94, No. 16).




§10517. Documentation to be Submitted with Application.

(a) As a condition of licensure, each applicant shall submit to the Department the following documents with the application for licensure:
(1) A valid and appropriate fire clearance issued from the fire authority having jurisdiction for the area in which the facility is located. The fire clearance shall include a determination of the number of beds for ambulatory residents and for nonambulatory residents in the facility and any restrictions regarding nonambulatory clearances.
(2) A current, written, plan of operation, containing at least:
(A) A statement of program goals and objectives;
(B) An outline of activities and services to be provided by the licensee;
(C) A statement of the facility's resident admission policies and procedures;
(D) Assurance of nondiscrimination in employment practices and provision of benefits and services on the basis of race, color, national origin, religion, sex, or mental or physical disabilities, pursuant to Title VI of the Civil Rights Act of 1964 (Section 2000d, Title 42, United States Code), the Rehabilitation Act of 1973 (Section 794, Title 29, United States Code); the Americans with Disabilities Act of 1990 (Section 12132, Title 42, United States Code); Section 11135 of the California Government Code; and Chapter 6 (commencing with Section 10800), Division 4, Title 9 of the California Code of Regulations.
(E) A copy of the facility's resident admission agreement;
(F) A table of the administrative organization of the facility.
(G) A staffing plan, job descriptions, and minimum staff qualifications;
(H) A sketch of the grounds, showing buildings, driveways, fences, storage areas, pools, gardens, recreation areas, and other space used by residents;
(I) Floor plans which describe the dwelling capacity, intended use, and dimensions of the rooms;
(J) Sample menus and a schedule for one calendar week, indicating the times of day that meals are to be served; and
(K) Consultant and community resources to be utilized by the facility as part of its program.
(b) If water for human consumption is not from a municipal source, the applicant shall provide evidence of an on-site inspection of the source of the water and a bacteriological analysis which establishes the safety of the water for human consumption. The inspection and analysis shall be conducted by the local health department, the State Department of Health Services, or a licensed commercial laboratory. The licensee shall repeat the on-site inspection and water analysis at least once each calendar year.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.03 and 11834.09, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of section heading, text and Note filed 4-18-94; operative 5-18- 94 (Register 94, No. 16).




§10518. Where to Submit Completed Applications.

Applicants shall submit completed applications for licensure to the Licensing and Certification Branch, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95814.

As used in this regulation, "completed application" means an application for licensure which includes all of the information and documentation required in Sections 10516 and 10517.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.03 and 11834.09, Health and Safety Code.

HISTORY
1. Repealer and new section filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 90, No. 44.




§10519. Plan of Operation.

NOTE
Authority cited: Section 11834.13, Health and Safety Code. Reference: Section 11834.14(a), (c), Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Repealer filed 4-18-94; operative 5-18-94 (Register 94, No. 16).




§10521. Waivers.

NOTE
Authority cited: Sections 11755 and 11834.50, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86 (Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1-27-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87, No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9-23-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of subsection (c) filed 12-27-89 as an emergency; operative 1-1- 90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-1-90.

9. Amendment of subsection (c) refiled 4-30-90 as an emergency; operative 4-30- 90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90.

10. Certificate of Compliance as to 4-30-90 order including amendment of NOTE transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

11. Change without regulatory effect renumbering former section 10521 to new section 10589 filed 11-17-94 pursuant to section 100, title 1, CaliforniaCode of Regulations (Register 94, No. 46).




§10522. Departmental Review of Application.

(a) The Department shall:
(1) Review the application for licensure and attached documentation, required pursuant to Section 10517, to determine completeness and compliance with the requirements of this chapter;
(2) Complete a site visit to determine the applicant's ability to comply with the requirements of this chapter; and
(3) Determine the number of residents for whom a license shall be issued, based on the available living and sleeping space in the proposed facility, and not to exceed the capacity allowed in the fire clearance.
(b) Within 45 working days of receipt fo the application, the Department shall notify the applicant whether the application is complete or incomplete. If the application is incomplete, the Department shall specify the information or documentation which is missing, and the applicant shall have sixty (60) days from the date of the notification to provide the missing information or documentation.
As of June 1992, the actual maximum amount of time between receipt of application and notification of completeness is 45 working days; average time is 30 working days; minimum time is 15 working days.
(c) Within 120 working days of determining that the application is complete, the Department shall issue to the applicant by certified mail a license, in accordance with Section 10526, or a written notification of denial of licensure, pursuant to Section 10540.
(d) The Department may terminate the review of an application if:
(1) Departmental review determines that the applicant was formerly licensed to operate a community care facility or a residential alcoholism or drug abuse recovery or treatment facility, and the license was administratively suspended or revoked pursuant to Section 11500 et seq. of the Government Code or denied within two (2) years of the date the current application was submitted for review;
(2) The applicant fails to provide additional information within sixty (60) days, as required in Subsection (b) of this regulation;
(3) A fire clearance for the applicant's facility is denied.
(4) The applicant fails to submit the required fee for licensure or
(5) The applicant submits a written request to withdraw the application.
(e) Termination of the review process shall not constitute denial of licensure.
(f) If the Department terminates a review pursuant to Subsection (d) of this regulation, the Department shall require a new application for licensure.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.09, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of section heading, text and Note filed 4-18-94; operative 5-18- 94 (Register 94, No. 16).




§10523. Capacity Determination.

NOTE
Authority cited: Section 11834.13, Health and Safety Code. Reference: Sections 11834.10, 11834.14(a), (b), and (d) and 11834.19, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86 (Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1-27-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87, No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9-23-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of subsection (b) filed 12-27-89 as an emergency; operative 1-1- 90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-1-90.

9. Amendment of subsection (b) refiled 4-30-90 as an emergency; operative 4-30- 90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90.

10. Certificate of Compliance as to 4-30-90 order including amendment of Note transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

11. Repealer filed 4-18-94; operative 5-18-94 (Register 94, No. 16).




§10524. Withdrawal of Application.

(a) The applicant may withdraw an application for licensure by submitting a written request to the Manager of the Licensing and Certification Branch, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95814.
(b) Withdrawal shall not prohibit the Department from taking action to deny an application for licensure.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.30 and 11834.39, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of section and Note filed 4-18-94; operative 5-18-94 (Register 94, No. 16).




§10525. Provisional License.

NOTE
Authority cited: Section 11834.13, Health and Safety Code. Reference: Section 11834.13(b), Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Repealer filed 4-18-94; operative 5-18-94 (Register 94, No. 16).




§10526. Issuance of License.

The Department shall issue a license to the applicant by certified mail if it determines, based on its review of the application for licensure pursuant to Section 10522, that the applicant is in compliance with the provisions of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code and the requirements of this chapter. The license shall specify the maximum number of residents for whom the facility may provide residential alcoholism or drug abuse recovery or treatment services.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.01 and 11834.09, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of section heading, text and Note filed 4-18-94; operative 5-18- 94 (Register 94, No. 16).