1. (a) Within 90 days of receipt of the Initial License Application Form REA 3001 (Rev. 01/01/2021)and applicable related forms REA 3002 (Rev. 04/01/2020), REA 3004 (Rev. 01/01/2023), License Upgrade Application Form REA 3023 (Rev. 04/01/2020), License Renewal Application Form REA 3012 (Rev. 04/01/2020), Course Provider Accreditation Form REA 3013 (Rev. 04/01/2020), or Course Accreditation and Description Form REA 3014 (Rev. 04/01/2020), the Bureau shall give written notice to the applicant that:

   1. (1) The application is complete; or

   2. (2) The application is deficient, describing what information is deficient and/or inadequate.

      1. (A) An application is deficient if the applicant has not completed and provided the Bureau with all of the items required by Article 4 of these regulations, or any other information requested by the Bureau to complete the application.

2. (b) Within 90 days of receipt of a completed Request for Issuance Form REA 3008 (Rev. 04/01/2020), License Renewal Application Form REA 3012 (Rev. 04/01/2020), Course Provider Accreditation Form REA 3013 (Rev. 04/01/2020), or Course Accreditation and Description Form REA 3014 (Rev. 04/01/2020), the Bureau shall issue or deny the requested license or accreditation provided that:

   1. (1) The applicant has provided all required information;
   2. (2) All required fees have been received by the Bureau; and
   3. (3) Results of applicable criminal records checks have been received from the Department of Justice and/or Federal Bureau of Investigation, and any background check has been completed.

3. (c) A notice of deficiency pursuant to (a)(2) above shall include written notice of the following:

   1. (1) That the applicant shall have the right to request a hearing by the Chief on the grounds that:

      1. (A) The Bureau did not send the applicant a deficiency notice or a completed application notice within the time provided in (a) above; or
      2. (B) The Bureau did not issue the license or submit to the applicant a deficiency notice within the time provided in (b) above.
   2. (2) A request for hearing under this section shall be made to the Chief, in writing, clearly specifying the violations alleged, within 30 days from the date the notice of deficiency is mailed from the Bureau.
   3. (3) If the Chief determines that the Bureau exceeded the time limits without good cause the applicant shall be reimbursed in full of any and all filing fees paid by the applicant and actually received by the Bureau.
4. (d) The time necessary to complete an informal conference in accordance with Section 3729 of these regulations, and/or a hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, shall be excluded in determining whether or not the Bureau has complied with the 90-day requirement of subsections (a) and (b) above.
5. (e) Every adjudicatory hearing to determine whether an application should be granted shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
6. (f) In no event shall a failure to comply with the requirements of this section constitute grounds in and of itself for the issuance of a license or approval of accreditation.

Note: Authority cited: Sections 115.5, 135.4, 11313 and 11314, Business and Professions Code. Reference: Sections 30, 114.5, 115.5, 135.4, 494.5 and 11340, Business and Professions Code.

History

1. Renumbering and amendment of former section 3525 to new section 3570 filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44). For prior history, see Register 94, No. 23.

2. Change without regulatory effect amending subsections (a) and (b) filed 9-18-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 38).

3. Amendment of subsections (a) and (b) filed 8-24-2010; operative 9-23-2010 (Register 2010, No. 35).

4. Change without regulatory effect amending section filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).

5. Amendment of section and Note filed 9-29-2016; operative 9-29-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 40).

6. Amendment of subsections (a) and (b) and amendment of Note filed 3-22-2018; operative 7-1-2018 (Register 2018, No. 12).

7. Amendment of subsections (a) and (b) filed 6-27-2019; operative 10-1-2019 (Register 2019, No. 26).

8. Change without regulatory effect amending subsections (a) and (b) filed 8-25-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 35).

9. Change without regulatory effect amending subsection (a) and amending Note filed 3-8-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 11).

10. Amendment of section and Note filed 1-9-2023; operative 1-9-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 2).