§ 87408 — Administrator Certificate Denial or Revocation

(a)  The Department may deny or revoke any administrator certificate for violation of licensing regulations or on any of the following grounds:

(1)  The certificate holder or applicant procured or attempted to procure a certificate by fraud, misrepresentation, bribery, or other unlawful behavior.

(2)  The certificate holder or applicant knowingly made or gave a false statement or information in conjunction with the application for a certificate.

(3)  The Department has issued an exclusion order against the certificate holder pursuant to Health and Safety Code sections 1558, 1568.092, 1569.58 or 1596.8897 after the Department issued the certificate, and;

(A)  The certificate holder did not appeal the exclusion order, or

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(B)  After the appeal, the Department issued a decision and order that upheld the exclusion order.

(4)  The certificate holder or applicant does not have a current criminal record clearance or exemption.

(5)  The certificate holder fails to comply with certificate renewal requirements.

(A)  The Department may reinstate a certificate that has been revoked for failure to comply with certificate renewal requirements provided all conditions for recertification have been satisfied, including payment of all appropriate renewal and delinquency fees.

(6)  The certificate holder engaged in conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California.

(b)  Any denial or revocation of an administrator certificate may be appealed as provided by Health and Safety Code section 1569.51.

(c)  Unless otherwise ordered by the Department, any application for an administrator certificate submitted after a denial or revocation action shall be processed in accordance with the provisions of Health and Safety Code section 1569.16.

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Health and Safety Code section 1569.16, in pertinent part, provides that:

"(a)(1)  If an applicant for a license indicates, or the department determines during the application review process, that the applicant previously was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) and the prior license was revoked within the preceding  two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation.

(a)(3)  If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant was excluded from a facility licensed by the department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the department shall cease any further review of the application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code by the department.

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(b)  If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (a) and the application was denied within the last year, the department shall, except as provided in Section 1569.22, cease further review of the application until one year has elapsed from the date of the denial letter.  In those circumstances where denials are appealed and upheld at an administrative hearing, review of the application shall cease for one year from the date of the decision and order being rendered by the department. The cessation of review shall not constitute a denial of the application."

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NOTE:  Authority cited:  Sections 1569.30 and 1569.616(j), Health and Safety Code.  Reference:  Sections 1569.16, 1569.17, 1569.50, 1569.51, 1569.613 and 1569.616, Health and Safety Code.