§ 87409 — Administrator Certificate Forfeiture

(a)  Unless otherwise ordered by the Department, the certificate shall be considered forfeited under any of the following conditions:

(1)  The Department has revoked any license held by the certificate holder after the Department issued the certificate.

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

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

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

(b)  Unless otherwise ordered by the Department, any application for an administrator certificate submitted after a certificate has been forfeited shall be processed in accordance with the provisions of Health and Safety Code sections 1569.16 and/or 1569.58(h).

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

"(a)(1)  If an application 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Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) and the prior license was revoked within the preceding  two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation.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.

(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."

Health and Safety Code section 1569.58(h), in pertinent part, provides that:

"(1)(A)  In cases where the excluded person appealed the exclusion order and there is a decision and order of the department upholding the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent for the remainder of the excluded person's life, unless otherwise ordered by the department.

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(1)(B)  The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code.  The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order.

(2)(A)  In cases where the department informed the excluded person of his or her right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent for the remainder of the excluded person's life, unless otherwise ordered by the department.

(2)(B)  The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code.  The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order."

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NOTE:  Authority cited:  Sections 1569.30 and 1569.616(j), Health and Safety Code.  Reference:  Sections 1568.092, 1569.16, 1569.50, 1569.58 and 1569.616, Health and Safety Code.