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 4. Period of Licensure


§10527. Requirement to Submit New Application for Licensure.

(a) A license shall automatically terminate by operation of law whenever the licensee:
(1) Sells or transfers ownership of the facility, unless the transfer of ownership applies to the transfer of stock when the facility is owned by and licensed as a corporation, and when the transfer of stock does not constitute a majority change in ownership;
(2) Voluntarily surrenders the license to the Department;
(3) Moves operation of the facility to a new location [except as specified in Subsection (c) of this regulation];
(4) Dies (only if the licensee is a sole proprietor);
(5) Actually or constructively abandons the facility.
(b) To prevent a lapse in licensure in the event that operation of the facility is moved to a new location, at least 45 days prior to the move, the licensee shall submit to the Department a new application and documentation, as specified in Section 10517. If the licensee fails to comply with this requirement, the license shall terminate as of the date that operation the facility is moved [except as specified in Subsection (c) of this regulation].
(c) To prevent a lapse in licensure in the event that the licensee moves operation of the facility to a new location due to emergency (e.g. fire, flood, vandalism, etc.), within 60 days after the date of the move, the licensee shall submit to the Department an amended application and documentation as specified in Section 10517. If the licensee fails to comply with this requirement, the license shall terminate as of the date on the 61st day after the date of the move.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.40 and 11834.50, Health and Safety Code.

HISTORY
1. Renumbering of former section 10527 to section 10528 and new section filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 93, No. 12.

2. Change without regulatory effect adopting new article 4 heading filed 11-17- 94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).




§10528. Period of Licensure.

Licenses shall be valid for two years unless they have been extended, pursuant to Section 10529.

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

HISTORY
1. Repealer and renumbering and amendment of former section 10527 to section 10528 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 amending section heading filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).




§10529. Extension of Period of Licensure.

(a) At least 120 days prior to the expiration date Noted on the license, the Department shall send a notice to the licensee which shall:
(1) Inform the licensee of the date when the current period of licensure will expire, as specified on the license;
(2) Inform the licensee that the period of licensure will be extended if the licensee:
(A) Updates the licensing information contained in the licensee's application for licensure,
(B) Pays all licensing fees in accordance with Section 10533;
(C) Pays any civil penalties assessed in accordance with Section 10547 and adjudicated pursuant to Section 10550; and
(D) Maintains a valid fire clearance.
(3) Notify the licensee that failure to pay all licensing fees due or to return the information requested by the date of expiration specified on the notice will result in automatic expiration of the license and that continued operation of the facility beyond the date of expiration is prohibited by Section 11834.30 of the Health and Safety Code and Section 10505 of this chapter.
(b) If the licensee complies with the requirements of Subsection (a)(2) of this regulation, the Department shall automatically extend the period of licensure, unless the Department has petitioned the court to enjoin operation of the facility, pursuant to Section 10548(f).
(c) If the licensee fails to comply with the requirements of Subsection (a)(2) of this regulation, the license shall automatically expire as of the date specified on the license.
(d) The Department shall not extend the period of licensure until all licensing fees and/or civil penalties, assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550, have been paid in full.
(e) Failure to pay licensing fees and/or civil penalties, assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550, within thirty (30) days after the date the period of licensure expires shall be deemed a voluntary relinquishment of the license.
(f) In the event that the licensee voluntarily relinquishes the license, in order to reapply for licensure the licensee shall:
(1) Submit a new application for licensure, pursuant to Article 3 (commencing with Section 10514) of this chapter, and
(2) Pay all outstanding licensing fees and all unpaid civil penalties, assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.01 and 11834.16, 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 (Government Code 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 (Government Code 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 (Government Code 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 of subsection (e)(3) and amendment of Note filed 11-3-92 as an emergency; operative 11-3-92 (Register 92, No. 45). A Certificate of Compliance must be transmitted to OAL 3-8-93 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 11-3-92 order transmitted to OAL 2-2-93 and filed 3-17-93 (Register 93, No. 12).

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




§10530. Issuance of Renewal License.

NOTE
Authority cited: Section 11834.13, Health and Safety Code. Reference: Section 11834.15, 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).




§10531. Submission of New Application.

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

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

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