SECTIONS 11833.01-11833.04 - California Statutes

HEALTH AND SAFETY CODE

SECTION 11833.01-11833.04

11833.01. This chapter applies to all programs, facilities, or
services certified pursuant to Chapter 7 (commencing with Section
11830) or licensed pursuant to Chapter 7.5 (commencing with Section
11834.01), or both.

11833.02. (a) The department shall charge a fee to all programs for
licensure or certification by the department, regardless of the form
of organization or ownership of the program.
(b) The department may establish fee scales using different
capacity levels, categories based on measures other than program
capacity, or any other category or classification that the department
deems necessary or convenient to maintain an effective and equitable
fee structure.
(c) Licensing and certification fees shall be evaluated annually,
taking into consideration the overall cost of the residential and
outpatient licensing and certification activities of the department,
including initial issuance, renewals, complaints, enforcement
activity, related litigation, and any other program activity relating
to licensure and certification, plus a reasonable reserve.
(d) The department shall submit any proposed new fees or fee
changes to the Legislature for approval no later than April 1 of each
year as part of the spring finance letter process. No new fees or
fee changes shall be implemented without legislative approval.
(e) Unless funds are specifically appropriated from the General
Fund in the annual Budget Act or other legislation to support the
division, the Licensing and Certification Division, no later than the
beginning of the 2010-11 fiscal year, shall be supported entirely by
federal funds and special funds.

11833.03. The Residential and Outpatient Program Licensing Fund is
hereby established in the State Treasury. All fees, fines, and
penalties collected from residential and outpatient programs
collected in accordance with this chapter shall be deposited in this
fund. The money in the fund shall be available upon appropriation by
the Legislature for the purposes of supporting the licensing and
certification activities of the department.

11833.04. (a) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
until emergency regulations are filed with the Secretary of State,
the department may implement this chapter through all-county letters
or similar instructions from the director. The department shall adopt
emergency regulations implementing this chapter no later than
September 30, 2008, unless the department provides written
notification of a delay to the Chair of the Joint Legislative Budget
Committee prior to that date. The notification shall include the
reason for the delay, the current status of the emergency
regulations, a date by which the emergency regulations shall be
adopted, and a statement of need to continue use of all-county
letters or similar instructions. Under no circumstances shall the
adoption of emergency regulations be delayed, or the use of
all-county letters or similar instructions be extended, beyond June
30, 2009.
(b) Notwithstanding any other provision of law, the adoption of
regulations implementing this chapter shall be deemed an emergency
and necessary for the immediate preservation of the public peace,
health, safety, or general welfare.