Cal. Code Regs. Tit. 22, § 87775 - Revocation or Suspension of License

(a) Pursuant to the provisions of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, of the Government Code, the Department may suspend or revoke any license on any of the grounds stipulated in Health and Safety Code Sections 1569.1515(c), 1569.50 and 1569.686(c).

(b) When the Director intends to seek revocation of a license, the Director shall notify the licensee of the proposed action and at the same time shall serve such person with an accusation. The licensee has a right to a hearing prior to the revocation or suspension of a license, except as provided in (c) below.

(c) The Director may temporarily suspend any license prior to any hearing when in the Director's opinion such action is necessary to protect the residents in the facility from any physical or mental abuse or any other substantial threat to health or safety. When the Director intends to temporarily suspend a license prior to a hearing, the Director shall notify the licensee of the temporary suspension and the effective date thereof and at the same time serve the licensee with an accusation.

(d) For either a revocation action or a revocation and temporary suspension action, the Director shall within fifteen (15) days of receipt of notice of defense ask the Office of Administrative Hearings to set the matter for hearing.

(e) For a revocation and temporary suspension action, the Director shall ask the Office of Administrative Hearings to hold the hearing as soon as possible but not later than thirty (30) days after receipt of the Notice of Defense.

Notes

Cal. Code Regs. Tit. 22, § 87775

1. Change without regulatory effect adopting new article 14 (sections 87775-87777) and renumbering former section 87342 to new section 87775, including amendment of NOTE, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
2. Change without regulatory effect amending subsection (a) and NOTE filed 5-9-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 19).

Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1569.1515, 1569.50, 1569.51, 1569.52, 1569.53 and 1569.686, Health and Safety Code.

1. Change without regulatory effect adopting new article 14 (sections 87775-87777) and renumbering former section 87342 to new section 87775, including amendment of Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).