Section 1326.15 - Denial of Accreditation(a) If the Department has evidence, based on a review of the information specified in sections 1326.12 and 1326.13 of this Article or after an on-site inspection as specified in section 1326.16, that an applicant for accreditation is not able to comply or is not in compliance with the requirements of the Act and this Chapter, the Department shall provide a written notification of noncompliance to the applicant. Such notification shall provide: (1) A description of each noncompliance;(2) The facts upon which the notification of noncompliance is based; and(3) The date by which the applicant must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible. (A) This date will be determined by the Department based on the nature of the noncompliance and an estimated reasonable time for the applicant to come into compliance with the Act and this Chapter.(b) When each noncompliance has been resolved, the Department will send the applicant a written notification of noncompliance resolution and proceed with further processing of the application.(c) If an applicant fails to correct the noncompliances, fails to report the corrections by the date specified in the notification of noncompliance, fails to file a rebuttal of the notification of noncompliance by the date specified, or is unsuccessful in its rebuttal, the Department will provide the applicant with written notice of accreditation denial. An applicant who has received written notice of accreditation denial may apply for accreditation again at any time in accordance with sections 1326.12 and 1326.13 of this Article or request a formal hearing pursuant to section 1327.2 of this Chapter within 30 calendar days of the notice of denial.(d) If the certifying agent was accredited prior to an on-site inspection and the on-site inspection reveals issues of noncompliance, the Department will begin the noncompliance procedures for accredited certifying agents according to section 1326.21 of this Article.Cal. Code Regs. Tit. 3, § 1326.15
1. New section filed 9-1-2022; operative 9-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Section 25993, Health and Safety Code. Reference: Sections 25990 and 25991, Health and Safety Code.
1. New section filed 9-1-2022; operative 9/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.