SECTIONS 1540-1549 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1540-1549

1540. (a) Any person who violates this chapter, or who willfully or
repeatedly violates any rule or regulation promulgated under this
chapter, is guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine not to exceed one thousand dollars ($1,000) or
by imprisonment in the county jail for a period not to exceed 180
days, or by both such fine and imprisonment.
(b) Operation of a community care facility without a license shall
be subject to a summons to appear in court.

1540.1. Upon a finding by the licensing authority that a facility
is in operation without a license, a peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, may enforce Section 1503.5, or Section 1508, or both
sections by utilizing the procedures set forth in Chapter 5
(commencing with Section 853.5) of Title 3 of Part 2 of the Penal
Code. A facility violating Section 1503.5 or 1508, or both, is guilty
of an infraction punishable by a fine of two hundred dollars ($200)
for each day of violation. Upon a determination that a community care
facility is in violation of Section 1503.5 or 1508, or both, and
after a citation has been issued, the peace officer shall immediately
notify the licensing authority in the department.

1540.2. Any person who, without lawful authorization from a duly
authorized officer, employee, or agent of the department, informs an
owner, operator, employee, agent, or resident of a community care
facility, of an impending and unannounced site visit to that facility
by personnel of the department is guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not to exceed one
thousand dollars ($1,000), by imprisonment in the county jail for a
period not to exceed 180 days, or by both a fine and imprisonment.

1541. The director may bring an action to enjoin the violation or
threatened violation of Section 1503.5 or 1508, or both, in the
superior court in and for the county in which the violation occurred
or is about to occur. Any proceeding under the provisions of this
section shall conform to the requirements of Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, except that the director shall not be required to allege
facts necessary to show or tending to show lack of adequate remedy at
law or irreparable damage or loss. Upon a finding by the director
that the violations threaten the health or safety of persons in, or
served by, a community care facility, the agency contracted with
pursuant to Section 1511 may bring an action to enjoin the violation,
threatened violation, or continued violation by any community care
facility which is located in an area for which it is responsible
pursuant to the terms of the contract.
With respect to any and all actions brought pursuant to this
section alleging actual violation of Section 1503.5 or 1508, or both,
the court shall, if it finds the allegations to be true, issue its
order enjoining the community care facility from continuance of the
violation.

1542. Any action brought by the director against a community care
facility shall not abate by reason of a sale or other transfer of
ownership of the community care facility which is a party to the
action except with express written consent of the director.

1543. Notwithstanding any other provision of this chapter, the
district attorney of every county, and city attorneys in those cities
which have city attorneys who have jurisdiction to prosecute
misdemeanors pursuant to Section 72193 of the Government Code, shall,
upon their own initiative or upon application by the state
department or its authorized representative, institute and conduct
the prosecution of any action for violation within his or her county
of any provisions of this chapter.

1546. The department may require not more than 50 percent of each
penalty assessed pursuant to Section 1548 to be transmitted to the
department for use by the Community Care Licensing Division of the
state department to establish an emergency resident relocation fund
to be utilized for the relocation and care of residents when a
facility's license is revoked or temporarily suspended, when
appropriated by the Legislature. The money in the fund shall cover
costs, including but not limited to, transportation expenses,
expenses incurred in notifying family members, and any other costs
directly associated with providing continuous care to the residents.
The department shall seek the advice of providers in developing a
state plan for emergency resident relocation.

1547. (a) Notwithstanding any other provision of this chapter, any
person who violates Section 1503.5 or 1508, or both, may be assessed
by the department an immediate civil penalty in the amount of two
hundred dollars ($200) per day of the violation.
(b) The civil penalty authorized in subdivision (a) shall be
imposed if an unlicensed facility is operated and the operator
refuses to seek licensure or the operator seeks licensure and the
licensure application is denied and the operator continues to operate
the unlicensed facility, unless other remedies available to the
department, including criminal prosecution, are deemed more effective
by the department.
(c) An operator may appeal the assessment to the director. The
department shall adopt regulations setting forth the appeal
procedure.

1548. (a) In addition to the suspension, temporary suspension, or
revocation of a license issued under this chapter, the department may
levy a civil penalty.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter except where the nature or
seriousness of the violation or the frequency of the violation
warrants a higher penalty or an immediate civil penalty assessment,
or both, as determined by the department. In no event, shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day
per violation.
(c) Notwithstanding Section 1534, the department shall assess an
immediate civil penalty of one hundred fifty dollars ($150) per day
per violation for any of the following serious violations:
(1) (A) Fire clearance violations, including, but not limited to,
overcapacity, ambulatory status, inoperable smoke alarms, and
inoperable fire alarm systems. The civil penalty shall not be
assessed if the licensee has done either of the following:
(i) Requested the appropriate fire clearance based on ambulatory,
nonambulatory, or bedridden status, and the decision is pending.
(ii) Initiated eviction proceedings.
(B) A licensee denied a clearance for bedridden residents may
appeal to the fire authority, and, if that appeal is denied, may
subsequently appeal to the Office of the State Fire Marshal, and
shall not be assessed an immediate civil penalty until the final
appeal is decided, or after 60 days has passed from the date of the
citation, whichever is earlier.
(2) Absence of supervision, as required by statute or regulation.
(3) Accessible bodies of water when prohibited in this chapter or
regulations adopted pursuant to this chapter.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1533, 1534, or 1538.
(6) The presence of an excluded person on the premises.
(d) Notwithstanding Section 1534, any facility that is cited for
repeating the same violation of this chapter within 12 months of the
first violation is subject to an immediate civil penalty of one
hundred fifty dollars ($150) and fifty dollars ($50) for each day the
violation continues until the deficiency is corrected.
(e) Any facility that is assessed a civil penalty pursuant to
subdivision (d) which repeats the same violation of this chapter
within 12 months of the violation subject to subdivision (d) is
subject to an immediate civil penalty of one hundred fifty dollars
($150) for each day the violation continues until the deficiency is
corrected.
(f) The department shall adopt regulations implementing this
section.
(g) As provided in Section 11466.31 of the Welfare and
Institutions Code, the department may offset civil penalties owed by
a group home against moneys to be paid by a county for the care of
minors after the group home has exhausted its appeal of the civil
penalty assessment. The department shall provide the group home a
reasonable opportunity to pay the civil penalty before instituting
the offset provision.

1549. The civil, criminal, and administrative remedies available to
the department pursuant to this article are not exclusive, and may
be sought and employed in any combination deemed advisable by the
department to enforce this chapter.