3010. Denial or Withdrawal of Approval.

3010. Denial or Withdrawal of Approval.
(a) If the Commissioner determines that a previously-approved continuing education offering no longer meets the
prescribed statutory and regulatory standards for approval, or if the Commissioner determines that an instructor or
lecturer for the course is no longer qualified, or that the course sponsor has engaged in activity violating the provisions
of Article 25 (commencing with section 3005) of these regulations or has engaged in conduct which would have
warranted the denial of an application for approval or withdrawal of approval of a continuing education offering, or the
course differs materially from that which was previously approved, the Commissioner shall give written notice of
withdrawal of approval setting forth the reasons for the determination. If the Commissioner determines, following an
application for course approval, that the course will not meet the prescribed statutory and regulatory standards for
approval or if the Commissioner determines that the instructor for the course is unqualified, the Commissioner shall
give written notice of denial of approval setting forth the reasons for the determination. Withdrawal or denial of approval
will be effective 30 days after the notice of withdrawal or denial is received by the sponsor unless the sponsor earlier
files a written request for hearing on the withdrawal or denial action. If the request for hearing is received by the



Commissioner before 30 days after the date of receipt of notice of withdrawal by the sponsor, the withdrawal or denial
of approval shall not be effective unless and until ordered by the Commissioner pursuant to findings and conclusions
reached after hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code. The hearing shall be commenced within 30 days after receipt of the request for hearing unless
continued to a later date by order of the Commissioner or by agreement of the parties. In a hearing on an order of
withdrawal issued by the Commissioner, the burden of proving that the course does not meet the prescribed statutory
and regulatory standards for approval shall be on the Commissioner. In a hearing on an order of denial issued by the
Commissioner, the burden of proving that the course meets the prescribed statutory and regulatory standards for
approval shall be on the applicant.
(b) Petition for Reinstatement.
(1) The sponsor of an offering for which approval has been withdrawn pursuant to subdivision (a) may, after a
period of not less than one year has elapsed from the effective date of the withdrawal of approval, petition the
Commissioner in writing for reinstatement of approval of the offering. The petitioner shall be given the opportunity
to present in writing argument and other evidence, statements or matters in support of the petition. The
Commissioner shall decide the petition and the decision and the decision shall include the reasons therefor.
(2) Upon a showing of good cause, the Commissioner may allow the filing of a petition for reinstatement prior to
the expiration of one year from the effective date of the withdrawal of approval.