(a) The department shall deny an application for a permit to accept deposits and a certificate of authority if the applicant fails to do any of the following:
(1) Pay the application fee as required by Section 1779.2.
(2) Submit all information required by this chapter.
(3) Submit evidence to support a reasonable belief that any interested party of the proposed continuing care retirement community who has committed any offenses listed in subdivision (k) of Section 1779.4 is of such good character as to indicate rehabilitation.
(4) Submit evidence to support a reasonable belief that the applicant is capable of administering the continuing care retirement community in compliance with applicable laws and regulations when an action specified in subdivision (j) or (k) of Section 1779.4 has been taken against the applicant.
(5) Demonstrate the feasibility of the proposed continuing care retirement community.
(6) Comply with residential care facility for the elderly licensing requirements.
(b) If the application is denied, no portion of the paid application fee shall be refundable or refunded.
(c) Immediately upon the denial of an application, the department shall notify the applicant in writing.
(d) The Notice of Denial from the department shall contain all of the following:
(1) A statement that the application is denied.
(2) The grounds for the denial.
(3) A statement informing the applicant that it has the right to appeal.
(4) A statement that the applicant has 30 calendar days from the date that the Notice of Denial was mailed to appeal the denial, and where to send the appeal.
(e) If the applicant appeals the denial, further proceedings 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.
(Amended by Stats. 2000, Ch. 820, Sec. 30. Effective January 1, 2001.)
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