§ 87792 — Denial of a Request for an Approval of a

CONTINUING EDUCATION TRAINING PROGRAM

(a)  The Department may deny a request for approval of a Continuing Education Training Program in accordance with Health and Safety Code section 1569.616(i)(l).  The Department shall provide the applicant with a written notice of the denial.

    CONTINUING EDUCATION TRAINING PROGRAM (Continued)

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Section 1569.616(i)(l) of the Health and Safety Code provides in part:

"The department may deny vendor approval to any agency or person that has not provided satisfactory evidence of their ability to meet the requirements of vendorization set out in the regulations adopted pursuant to subdivision (j)."

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(b)  The vendor applicant may appeal the denial of the application in accordance with Health and Safety Code section 1569.51.

(c)  Any request for approval submitted by a vendor applicant whose application has been previously denied shall be processed by the Department in accordance with the provisions of Health and Safety Code section 1569.16(b).

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Health and Safety Code section 1569.16(b) provides:

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