Cal. Code Regs. Tit. 22, § 85068.5 - Eviction Procedures
(a) The licensee shall be permitted to evict
a client by serving the client with a 30-day written notice to quit for any of
the following reasons:
(1) Nonpayment of the
rate for basic services within ten days of the due date.
(2) Failure of the client to comply with
state or local law after receiving written notice of the alleged
violation.
(3) Failure of the
client to comply with the general facility policies as specified in the
Admission Agreement.
(4) A needs
and services plan modification has been performed, as specified in Section
85068.3, which determined that the
client's needs cannot be met by the facility and the client has been given an
opportunity to relocate as specified in Section
85068.3(b)(3).
(5) Change of use of the
facility.
(b) The
licensee shall be permitted to evict a client by serving the client with a
three-day written notice to quit provided that both of the following
requirements have been met:
(1) The licensing
agency has granted prior written and/or documented telephone approval for the
eviction.
(A) The licensing agency shall
reply to a request for such approval within two working days.
(B) Failure of the licensing agency to reply
within two working days shall be considered approval.
(2) The client has engaged or is engaging in
behavior which is a threat to his/her mental and/or physical health or safety,
or to the health and safety of others in the facility.
(c) The licensee shall set forth in the
notice to quit the reasons for the eviction, with specific facts including the
date, place, witnesses, and circumstances.
(d) The licensee shall, upon completion of
the procedures specified in (a) or (b) above, notify or mail a copy of the
notice to quit to the client's authorized representative if any.
(e) A written report of any eviction
processed in accordance with (a) above shall be sent to the licensing agency
within five days of the eviction.
(f) Nothing in this section is intended to
preclude the licensee or client from invoking any other available
remedy.
Notes
2. Repealer refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. Repealer refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 1-31-97 emergency action by operation of Government Code section 11346.1(g) (Register 98, No. 36).
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code.
2. Repealer refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. Repealer refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 1-31-97 emergency action by operation of Government Code section 11346.1(g) (Register 98, No. 36).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.