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) and 1569.50.

(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 and 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.

87777 EXCLUSIONS 

(a) The Department may prohibit an individual from serving as a board of directors, executive director,
or officer; being employed or allowed in a licensed facility as specified in Health and Safety Code
Sections 1569.58 and 1569.59.

b) The excluded person, the facility, and the licensee shall be given written notice of the basis of
the department’s action and of the excluded person’s right to an appeal. The notice shall be served
either by personal service or by registered mail. Within 15 days after the department serves the
notice, the excluded person may file with the department a written appeal of the exclusion order. If
the excluded person fails to file a written appeal within the prescribed time, the department’s action
shall be final.

(c)(1) The department may require the immediate removal of a member of the board of directors,
an executive director, or an officer of a licensee or exclusion of an employee, prospective
employee, or person who is not a client from a facility pending a final decision of the matter, when,
in the opinion of the director, the action is necessary to protect residents or clients from physical or
mental abuse, abandonment, or any other substantial threat to their health or safety.
(2) If the department requires the immediate removal of a member of the board of directors, an
executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or
person who is not a client from a facility the department shall serve an order of immediate
exclusion upon the excluded person that shall notify the excluded person of the basis of the
department’s action and of the excluded person’s right to a hearing.
(3) Within 15 days after the department serves an order of immediate exclusion, the excluded
person may file a written appeal of the exclusion with the department. The department’s action
shall be final if the excluded person does not appeal the exclusion within the prescribed time. The
department shall do the following upon receipt of a written appeal:
(A) Within 30 days of receipt of the appeal, serve an accusation upon the excluded person.
(B) Within 60 days of receipt of a notice of defense by the excluded person pursuant to Section
11506 of the Government Code, conduct a hearing on the accusation.
(4) An order of immediate exclusion of the excluded person from the facility shall remain in effect
until the hearing is completed and the director has made a final determination on the merits.
However, the order of immediate exclusion shall be deemed vacated if the director fails to make a
final determination on the merits within 60 days after the original hearing has been completed.

(d) An excluded person who files a written appeal of the exclusion order with the department
pursuant to this section shall, as part of the written request, provide his or her current mailing
address. The excluded person shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or terminated.

(e) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard
of proof shall be the preponderance of the evidence and the burden of proof shall be on the
department.

(f) The department may institute or continue a disciplinary proceeding against a member of the
board of directors, an executive director, or an officer of a licensee or an employee, prospective
employee, or person who is not a client upon any ground provided by this section. The Department
may enter an order prohibiting any person from being a member of the board of directors, an
executive director, or an officer of a licensee, or prohibiting the excluded person’s employment or
presence in the facility, or otherwise take disciplinary action against the excluded person,
notwithstanding any resignation, withdrawal of employment application, or change of duties by the
excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the
licensee or that the excluded person no longer has contact with clients at the facility.

(g) A licensee’s failure to comply with the department’s exclusion order after being notified of the
order shall be grounds for disciplining the licensee pursuant to Section 1569.50.

(h)(1)(A) In cases where the excluded person appealed the exclusion order and there is a decision
and order of the department upholding the exclusion order, the person shall be prohibited from
working in any facility or being licensed to operate any facility licensed by the department or from
being a certified foster parent for the remainder of the excluded person’s life, unless otherwise
ordered by the department.

(B) The excluded individual may petition for reinstatement one year after the effective date of the
decision and order of the department upholding the exclusion order pursuant to Section 11522 of
the Government Code. The department shall provide the excluded person with a copy of Section
11522 of the Government Code with the decision and order.”
(2)(A) In cases where the department informed the excluded person of his or her right to appeal the
exclusion order and the excluded person did not appeal the exclusion order, the person shall be
prohibited from working in any facility or being licensed to operate any facility licensed by the
department or a certified foster parent for the remainder of the excluded person’s life, unless
otherwise ordered by the department.
(B) The excluded individual may petition for reinstatement after one year has elapsed from the date
of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The
department shall provide the excluded person with a copy of Section 11522 of the Government
Code with the exclusion order.”

“(a)(1) If the department determines that a person was issued a license under this chapter or under
Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter
3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or
Chapter 3.6 (commencing with Section 1597.30) and the prior license was revoked within the
preceding two years, the department shall exclude the person from, and remove him or her from the
position of, a member of the board of directors, an executive director, or an officer of a licensee of,
any facility licensed by the department pursuant to the chapter.
(2) If the department determines that a person previously was issued a certificate of approval by a
foster family agency which was revoked by the department pursuant to subdivision (b) of Section
1534 within the preceding two years, the department shall exclude the person from, and remove
him or her from the position of, a member of the board of directors, an executive director, or an
officer of a licensee of, any facility licensed by the department pursuant to this chapter.

(b) If the department determines that the person had previously applied for a license under any of
the chapters listed in paragraph (1) of subdivision (a) and the application was denied within the last
year, the department shall exclude the person from, and remove him or her from the position of, a
member of the board of directors, an executive director, or an officer of a licensee of, any facility
licensed by the department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the department shall exclude the person
from, and remove him or her from the position of, a member of the board of directors, an executive
director, or an officer of a licensee of, any facility licensed by the department pursuant to this
chapter until one year has elapsed from the effective date of the decision and order of the
department upholding a denial.
(2) In cases where the department informed the applicant of his or her right to petition for a hearing
and the applicant did not petition for a hearing, the department shall exclude the person from, and
remove him or her from the position of, a member of the board of directors, an executive director,
or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until
one year has elapsed from the date of the notification of the denial and the right to petition for a
hearing.

(c) If the department determines that the person had previously applied for a certificate of approval
with a foster family agency and the department ordered the foster family agency to deny the
application pursuant to subdivision (b) of Section 1534, the department shall exclude the person
from, and remove him or her from the position of, a member of the board of directors, an executive
director, or an officer of a licensee of, any facility licensed by the department pursuant to this
chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the department shall exclude the person
from, and remove him or her from the position of, a member of the board of directors, an executive
director, or an officer of a licensee of, any facility licensed by the department pursuant to this
chapter until one year has elapsed from the effective date of the decision and order of the
department upholding a denial.
(2) In cases where the department informed the applicant of his or her right to petition for a hearing
and the applicant did not petition for a hearing, the department shall exclude the person from, and
remove him or her from the position of, a member of the board of directors, an executive director,
or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until
one year has elapsed from the date of the notification of the denial and the right to petition for a
hearing.

(d) Exclusion or removal of an individual pursuant to this section shall not be considered an order
of exclusion for purposes of Section 1569.58 or any other law.

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