SECTIONS 1569.50-1569.54 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1569.50-1569.54

1569.50. The department may deny an application for a license or
may suspend or revoke any license issued under this chapter upon any
of the following grounds and in the manner provided in this chapter:
(a) Violation by the licensee of this chapter or of the rules and
regulations adopted under this chapter.
(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations adopted under this chapter.
(c) Conduct which is inimical to the health, morals, welfare, or
safety of either an individual in or receiving services from the
facility or the people of the State of California.
(d) The conviction of a licensee, or other person mentioned in
Section 1569.17 at any time before or during licensure, of a crime as
defined in Section 1569.17.
(e) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services for the care of
clients.
The director may temporarily suspend any license, prior to any
hearing when, in the opinion of the director, the action is necessary
to protect residents or clients of the facility from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety. The director shall notify the licensee of the temporary
suspension and the effective date of the temporary suspension and at
the same time shall serve the provider with an accusation. Upon
receipt of a notice of defense to the accusation by the licensee, the
director shall, within 15 days, set the matter for hearing, and the
hearing shall be held as soon as possible but not later than 30 days
after receipt of the notice. The temporary suspension shall remain in
effect until the time the hearing is completed and the director has
made a final determination on the merits. However, the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 30 days after the original
hearing has been completed.

1569.51. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance with
the provisions of Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, and the state
department shall have all the powers granted by these provisions. In
the event of conflict between this chapter and those provisions of
the Government Code, the provisions of the Government Code shall
prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
(c) If the license is not temporarily suspended pursuant to
Section 1569.50, the hearing shall be held within 90 days after
receipt of the notice of defense, unless a continuance of the hearing
is granted by the department or the administrative law judge. When
the matter has been set for hearing only the administrative law judge
may grant a continuance of the hearing. The administrative law judge
may, but need not, grant a continuance of the hearing, only upon
finding the existence of one or more of the following:
(1) The death or incapacitating illness of a party, a
representative or attorney of a party, a witness to an essential
fact, or of the parent, child, or member of the household of such
person, when it is not feasible to substitute another representative,
attorney, or witness because of the proximity of the hearing date.
(2) Lack of notice of hearing as provided in Section 11509 of the
Government Code.
(3) A material change in the status of the case where a change in
the parties or pleadings requires postponement, or an executed
settlement or stipulated findings of fact obviate the need for
hearing. A partial amendment of the pleadings shall not be good cause
for continuance to the extent that the unamended portion of the
pleadings is ready to be heard.
(4) A stipulation for continuance signed by all parties or their
authorized representatives, including, but not limited to, a
representative, which is communicated with the request for
continuance to the administrative law judge no later than 25 business
days before the hearing.
(5) The substitution of the representative or attorney of a party
upon showing that the substitution is required.
(6) The unavailability of a party, representative, or attorney of
a party, or witness to an essential fact due to a conflicting and
required appearance in a judicial matter if when the hearing date was
set, the person did not know and could neither anticipate nor at any
time avoid the conflict, and the conflict with request for
continuance is immediately communicated to the administrative law
judge.
(7) The unavailability of a party, a representative or attorney of
a party, or a material witness due to an unavoidable emergency.
(8) Failure by a party to comply with a timely discovery request
if the continuance request is made by the party who requested the
discovery.

1569.510. (a) The department shall conduct an unannounced visit to
a facility within 30 days after the effective date of a temporary
suspension of a license in order to ensure that the facility is
nonoperational, unless the department previously has verified that
the facility is nonoperational.
(b) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a revocation of a
license in order to ensure that the facility is nonoperational,
unless the department previously has verified that the facility is
nonoperational.

1569.511. (a) The administrative law judge conducting a hearing
under this article may permit the testimony of a child witness, or a
similarly vulnerable witness, including a witness who is
developmentally disabled, to be taken outside the presence of the
respondent or respondents if all of the following conditions exist:
(1) The administrative law judge determines that taking the
witness's testimony outside the presence of the respondent or
respondents is necessary to ensure truthful testimony.
(2) The witness is likely to be intimidated by the presence of the
respondent or respondents.
(3) The witness is afraid to testify in front of the respondent or
respondents.
(b) If the testimony of the witness is taken outside of the
presence of the respondent or respondents, the department shall
provide for the use of one-way closed-circuit television so the
respondent or respondents can observe the testimony of the witness.
Nothing in this section shall limit a respondent's right of
cross-examination.
(c) The administrative law judge conducting a hearing under this
section may clear the hearing room of any persons who are not a party
to the action in order to protect any witness from intimidation or
other harm, taking into account the rights of all persons.

1569.512. (a) (1) An out-of-court statement made by a minor under
12 years of age who is the subject or victim of an allegation at
issue is admissible evidence at an administrative hearing conducted
pursuant to this article. The out-of-court statement may be used to
support a finding of fact unless an objection is timely made and the
objecting party establishes that the statement is unreliable because
it was the product of fraud, deceit, or undue influence. However, the
out-of-court statement may not be the sole basis for the finding of
fact, unless the adjudicator finds that the time, content, and
circumstances of the statement provide sufficient indicia of
reliability.
(2) The proponent of the statement shall give reasonable notice to
all parties of the intended introduction of the statement at the
hearing.
(3) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed out-of-court
statement and it gives the proponent of the evidence a reasonable
period of time to prepare a response to the objection prior to the
hearing.
(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible evidence
relevant to the weight of the hearsay evidence or the credibility of
the hearsay declarant.

1569.515. In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and reasonable expenses in an amount not to exceed
the per diem allowance payable to a nonrepresented state employee on
travel status. The department may pay witness expenses pursuant to
this section in advance of the hearing.

1569.52. The withdrawal of an application for a license after it
has been filed with the department shall not, unless the department
consents in writing to such withdrawal, deprive the department of its
authority to institute or continue a proceeding against the
applicant for the denial of the license upon any ground provided by
law or to enter an order denying the license upon any such ground.
The suspension, expiration, or forfeiture by operation of law of a
license issued by the department, or its suspension, forfeiture, or
cancellation by order of the department or by order of a court of
law, or its surrender without the written consent of the department,
shall not deprive the department of its authority to institute or
continue a disciplinary proceeding against the licensee upon any
ground provided by law or to enter an order suspending or revoking
the license or otherwise taking disciplinary action against the
licensee on any such ground.

1569.525. If the director determines that it is necessary to
temporarily suspend any license of a residential care facility for
the elderly in order to protect the residents or clients of the
facility from physical or mental abuse, abandonment, or any other
substantial threat to health or safety pursuant to Section 1569.50,
the department shall make every effort to minimize trauma for the
residents.
The department shall contact any local agency that may have
placement or advocacy responsibility for the residents of a
residential care facility for the elderly after a decision is made to
temporarily suspend the license of the facility and prior to its
implementation. The department shall work with these agencies to
locate alternative placement sites and to contact relatives
responsible for the care of these residents.
The department shall use physicians and surgeons and other medical
personnel deemed appropriate by the department to provide onsite
evaluation of the residents and assist in the transfer.
The department may require the licensee to prepare and submit to
the licensing agency a written plan for relocation and compliance
with the terms and conditions of the approved plans, and to provide
other information as necessary for the enforcement of this section.

1569.53. Any license suspended or revoked pursuant to this chapter
may be reinstated pursuant to Section 11522 of the Government Code.
Whenever a license issued under this chapter for a residential
care facility for the elderly is suspended, revoked, temporarily
suspended, forfeited, canceled, or expires, the department shall
provide written notice of the occurrence within 10 days to the local
director of social services in the county in which the facility is
located.

1569.54. (a) (1) When the department does not suspend the license
of a residential care facility for the elderly pursuant to this
article, the department may still order the licensee to remove a
resident who has a health condition which cannot be cared for within
the limits of the license or requires inpatient care in a health
facility as determined by the department.
(2) Where the department determines that the resident's mental or
physical condition requires immediate transfer from the facility in
order to protect the health and safety of the resident, the
department may order the licensee to remove the resident after the
department consults with a physician or other medical professional
about the transfer and ways in which transfer trauma can be
minimized.
(b) (1) Where the department alleges that a resident has a health
condition which cannot be cared for within the limits of the license
or requires inpatient care in a health facility, the department
shall give notice to the resident, his or her legal representative
when appropriate, and the licensee. The notice shall specify a
deadline for submitting a written plan for relocation and inform the
resident of his or her right for a review and determination by an
interdisciplinary team as provided for in Section 1569.34. The
resident, or his or her legal representative, shall have three
working days to inform the licensee of the request for review. Upon
receiving a request from a resident, or his or her legal
representative, for a review and determination, the licensee shall
forward the request to the department within two working days of
receipt. Failure or refusal by the licensee to submit the request for
review and determination to the department may be subject to the
civil penalties specified in Section 1569.49.
(2) The review and determination shall be completed within 30 days
from the date that the resident was initially informed of the need
to relocate. If the determination is made that the resident must
relocate, the notice shall include a plan for transfer, including
attempts to minimize transfer trauma for the resident.
The department may require the licensee to prepare and submit to
the licensing agency a written plan for relocation, to comply with
the terms and conditions of the approved plans and to provide other
information as necessary for the enforcement of this section.
(c) The provisions allowing for a resident's right to a review
prior to transfer as provided for in subdivision (b) neither negates
the department's authority and responsibility to require an immediate
transfer according to paragraph (2) of subdivision (a) when the
department finds and provides evidence that the resident must be
relocated in order to protect the health and safety of the resident,
nor implies any right to a fair hearing pursuant to Chapter 7
(commencing with Section 10950) of Part 2 of Division 9 of the
Welfare and Institutions Code.
The department shall specify in regulations the process provided
for pursuant to this section for making relocation decisions and for
appealing and reviewing these decisions.