Section 15320 - Withdrawal of a Certification (California Code of Regulations)

§ 15320. Withdrawal of a Certification

(a) If the Secretary finds the CUPA is not adequately implementing Unified Program requirements, the Secretary may:

(1) Issue a Notice of Intent to withdraw certification or

(2) Enter into a Program Improvement Agreement with the CUPA to correct deficiencies and make necessary improvements.

(b) A Notice of Intent to withdraw certification shall include specific reasons why the CUPA has failed to adequately implement the Unified Program within its jurisdiction in accordance with HSC, section 25404.4.

(1) A period of 60 days shall be allowed for the CUPA to respond to the Notice of Intent to withdraw certification and to correct deficiencies.

(2) A public hearing may be scheduled, at which the Secretary shall hear the CUPA's response to the Notice of Intent to withdraw.

(c) If a city or JPA certified as a CUPA and implementing the Unified Program within a city desires to withdraw as a CUPA, it shall give 180 days notice to the Secretary and to the county within which the city is located or to the JPA with which the county has an agreement to implement the Unified Program prior to withdrawing from its Unified Program obligations. A successor CUPA will be chosen in accordance with the provisions of section 25404.3(f) of the HSC.

(1. New section and Appendices A-C filed 11-14-94 as an emergency; operative 11-14-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day. 2. New section and Appendices A-C refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 or emergency language will be repealed by operation of law on the following day. 3. New section and Appendices A-C refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day. 4. New section and Appendices A-C refiled 11-3-95 as an emergency; operative 11-3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 or emergency language will be repealed by operation of law on the following day. 5. Certificate of Compliance as to 11-14-94 order including amendment of subsection (c), repealer of Appendices A-C and new Appendices A-B and Tables 1-8 transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5). 6. Relocation and amendment of appendices A and B to new section 15620 filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day. 7. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and filed 5-14-99 (Register 99, No. 20). 8. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15). 9. Amendment filed 6-14-2018; operative 7-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).)

Note: Authority cited: Sections 25404, 25404(b), 25404.3(g) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.3(g) and 25404.4(a), Health and Safety Code.

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