Section 101181
PROVISIONAL LICENSE
(a) The Department has the authority to issue a provisional license pursuant
to Health and Safety Code Sections 1596.84 and 1596.96 provided the child care
center is in substantial compliance with applicable laws |and regulations, as
defined in Section 101152s.(4), and |has submitted a completed application as
specified in 101152c.(8).
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- (1) Health and Safety Code Section 1596:84 reads in pertinent part:
- The department may issue provisional licenses -to operate day care facilities
which the director determines are in substantial compliance with the provisions
of the licensure requirements and the rules and regulations adopted pursuant
thereto, provided, that no life safety risks are involved, as determined by
the director. In determining whether any life safety risks are involved, the
director shall require completion of all applicable fire clearances and criminal
record clearances as otherwise required by the department's rules and regulations.
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(b) The Department has the authority to issue a provisional license for a maximum
of 90 days to otherwise qualified applicants who are not in compliance with the
requirements for health and safety training as specified in Health and Safety
Code Section 1596.866.
(c) During the provisional license period, if the Department discovers any
deficiencies that threaten the Physical health, mental health, safety or welfare
of the children, the Department has the authority to institute administrative
action or civil proceedings, or to refer the case for criminal prosecution.
(d) A provisional license terminates on the date specified on the provisional
license or upon denial of the application, whichever is earlier.
- (1) Health and Safety Code Section 1596.84 specifies how long and under
what circumstances a provisional license may last.
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- Health and Safety Code Section 1596.84 reads in pertinent part:
- The provisional license shall expire six months from the date of issuance,
or at such earlier time as the director may determine. However, the director
may extend the term of a provisional license for an additional six months
time, if it is determined that more than six months will be required to achieve
full compliance with licensing standards due to circumstances beyond the control
of the applicant, provided all other requirements for a license have been
met. In no case shall a provisional license be issued for more than 12 months.
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(e) If the Department determines after its review specified in Section 101178
that the provisional licensee does not meet licensing requirements, the application
shall be denied as specified in Section 101205; the provisional license shall
immediately terminate; and operation shall immediately cease.
(f) If the Department denies the application for a license, the applicant
may appeal the denial as provided in Section 101205. Until the Director adopts
a decision on the denial action, the child care center is unlicensed.
Note: Authonty cited: Section 1596.81, Health and Safety Code. Reference:
Sections 1596.81(b), 1596.84, 1596.866 and 1596.96, Health and Safety Code.
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