§ 87787 — Revocation of an Initial Certification

TRAINING PROGRAM

(a)  The Department may revoke an Initial Certification Training Program approval and remove the vendor from the list of approved vendors if the vendor does not provide training consistent with Section 87785, Initial Certification Training Program Approval Requirements, or

(1)  Is unable to provide training due to lack of staff, funds or resources, or

(2)  Misrepresents or makes false claims regarding the training provided, or

  (3)  Demonstrates conduct in the administration or instruction of the program that is illegal, inappropriate, or inconsistent with the intent or requirements of the program, or

  (4)  Misrepresents or knowingly makes false statements in the vendor application or during program instruction, or

(5)  Fails to correct deficiencies and/or to pay civil penalties due.

(b)  The vendor may appeal the revocation in accordance with Health and Safety Code section 1569.51.

(c)  Any application for approval of an Initial Certification Training Program submitted by a vendor applicant whose approval has been previously revoked shall be processed by the Department 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:

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Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) and the prior license was revoked within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation.

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(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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NOTE:  Authority cited:  Sections 1569.23(d), 1569.30 and 1569.616(j), Health and Safety Code.  Reference:  Sections 1569.16, 1569.51 and 1569.616, Health and Safety Code.