Section 2085.13 - Withdrawal of Approval(a) The Board may withdraw its recognition of a statutorily recognized provider or approval of an approved provider or the approval for good cause after giving the party in question ("respondent") written notice setting forth its reasons for withdrawal and after affording the respondent a reasonable opportunity to be heard by the Board or its designee of the specific charges for withdrawal of the Board's recognition or approval. Good cause includes, but is not limited to, the following: (1) Failure to comply substantially with any provisions of chapter 11 of Division 2 of the Business and Professions Code or Title 16, Division 20 of the California Code of Regulations; or(2) Any material misrepresentation of fact by the respondent in any information required to be submitted to the Board or the Board recognized national continuing education provider approval body.(b) A proceeding to withdraw Board recognition or approval from a respondent shall be initiated by serving a written statement of the charges upon the respondent. The statement of charges sets forth the acts and omissions with which the respondent is charged and sets forth a date on which such a withdrawal will take effect if not contested. If the respondent desires to contest the withdrawal of its approval, it shall, within 30 days after receipt of the written statement of charges, notify the Board's executive officer in writing of its request for a hearing on the charges. The Board or its designee shall hold a hearing within 60 days after receipt of the request for hearing. If the Board elects to allow a designee to conduct the hearing, the designee shall prepare a written proposed decision in the matter and submit it to the Board for its approval or modifications. Following a hearing, the Board shall issue a decision within 100 days following the close of the record in the hearing or receipt of a proposed decision if the matter is heard by the Board's designee.(c) If the respondent fails to notify the Board's executive officer in writing and in a timely manner that it desires to contest the written statement of charges, the decision to withdraw approval shall become effective.Cal. Code Regs. Tit. 16, § 2085.13
1. New section filed 2-4-2002; operative 2-4-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 6). Note: Authority cited: Sections 4808 and 4846.5, Business and Professional Code. Reference: Section 4846.5, Business and Professions Code.
1. New section filed 2-4-2002; operative 2-4-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 6).