§ 11832.14. — 11832.14. (Added by Stats. 2023, Ch. 42, Sec. 32.)

California § 11832.14.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 10.5.: DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS
• Part 2.: PART 2. STATE GOVERNMENT'S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE INAPPROPRIATE USE OF ALCOHOLIC BEVERAGES AND OTHER DRUG USE
• Ch. 7.1.: CHAPTER 7.1. Certification of Alcohol and Other Drug Programs

Text

(a)
The director may suspend or revoke any certification issued under this chapter, as well as any other certification issued under this chapter held by the same person or entity, or deny an application for certification, renewal of a certification, or modification of a certification, upon any of the following grounds and in the manner provided in this chapter:
(1)
Violation by the program of any provision of this chapter or regulations adopted pursuant to this chapter.
(2)
Repeated violation by the program of any of the provisions of this chapter or regulations adopted pursuant to this chapter.
(3)
Aiding,
abetting, or permitting the violation of, or any repeated violation of, any of the provisions described in paragraph (1) or (2).
(4)
Conduct in the operation of a program that is inimical to the health, morals, welfare, or safety of an individual receiving services from the program or to the people of the State of California.
(5)
Misrepresentation of any material fact in obtaining certification, including, but not limited to, providing false information or documentation to the department.
(6)
Refusal to allow the department entry into the building to determine compliance with the requirements of this chapter or regulations adopted pursuant to this chapter.
(7)
Failure to pay any civil penalties assessed by the department.
(b)
The director may temporarily suspend any certification, as well as any other alcohol or other drug program certification issued under this chapter held by the same person or entity, prior to any hearing when, in the opinion of the director, the action is necessary to protect individuals who receive services from any substantial threat to health or safety. The director shall notify the program of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the program with an accusation. Upon receipt of a notice of defense to the accusation by the program, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails
to make a final determination on the merits within 30 days after the department receives the proposed decision from the Office of Administrative Hearings.
(c)
The department may terminate review of an application for a certification under this chapter from any person or entity that previously had a certification issued under this chapter suspended or revoked for a period of five years from the date of the final decision and order.

Legislative History

Added by Stats. 2023, Ch. 42, Sec. 32. (AB 118) Effective July 10, 2023.