Section 1904 - Application Review(a) When an application is submitted pursuant to Section 1902 the Department will inform the applicant, within thirty (30) calendar days of receipt of the application, that the application is complete and accepted for filing or that the application is deficient and what specific information or documentation is required to complete the application.(1) The Department shall inform each applicant of the statutory statewide limits on the number of licensed CTF beds imposed by Section 4094.7 of the Welfare and Institutions Code, regional restrictions on CTFs required by state law, and the effect that these limits will have on their application.(2) The Department shall inform each applicant how the criteria used by the Department to determine the providers of CTF services within the state affected the certification or certification denial of their proposed mental health treatment program. The criteria will measure how the proposed mental health treatment program meets: (A) Regional service needs;(B) Treatment program needs of the target population;(C) Fiscal accountability and stability; and(D) Experience in providing residential treatment services.(b) An application shall be considered complete when all documents or information required to be submitted with an application have been received by the Department.(c) If an applicant fails to respond within thirty (30) calendar days to the Department's request pursuant to subsection (a) for additional information or documentation, the application shall be deemed to have been withdrawn by the applicant.(d) Any applicant deemed to have withdrawn an application pursuant to subsection (c) may re-apply by submitting a new application.(e) The Department shall notify the applicant in writing of the Department's decision regarding the application within sixty (60) calendar days of receipt of a completed application.(f) If the Department fails to notify an applicant within the time period specified in subsection (e), the applicant may request a review by the Director of the Department or his designee. The written request shall include: (1) The identity of the applicant;(2) The date upon which the application was submitted;(3) A copy of all correspondence between the Department and the applicant regarding the application;(4) Any other information which the applicant wishes to submit regarding the timeliness of the Department's consideration of the application.(g) Nothing in this section shall be construed to require mental health program certification by the Department.(h) An applicant shall have the right to withdraw an application for an initial or renewal certification. The withdrawal notification shall be in writing.(i) All applications for mental health program certification and requests for application withdrawal shall be filed with the Department headquarters office: Department of Health Care Services, P.O. Box 997413, MS 2633, Sacramento, CA 95899-7413.Cal. Code Regs. Tit. 9, § 1904
1. New section filed 6-24-98; operative 7-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 26).
2. Change without regulatory effect amending subsection (i) and NOTE filed 8-26-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 35).
3. Change without regulatory effect amending subsection (i) filed 2-16-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 7). Note: Authority cited: Sections 4094, 10725 and 14700, Welfare and Institutions Code. Reference: Sections 4094 et seq., Welfare and Institutions Code; and Section 1502, Health and Safety Code.
1. New section filed 6-24-98; operative 7-1-98 pursuant to Government Code section 11343.4(d)(Register 98, No. 26).
2. Change without regulatory effect amending subsection (i) and Note filed 8-26-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 35).
3. Change without regulatory effect amending subsection (i) filed 2-16-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 7).