87340 DENIAL OF INITIAL LICENSE

(a) Except as specified in Section 87231(a), which provides that the applicant may be issued a provisional license based upon substantial compliance and immediate need, the licensing agency shall deny an application for an initial license if it is determined that the applicant is not in compliance with applicable law and regulations.

(b) The licensing agency shall have the authority to deny an application for an initial license if the applicant has failed to pay any civil penalty assessments pursuant to Section 87457 and in accordance with a final judgment issued by a court of competent jurisdiction, unless payment arrangements acceptable to the licensing agency have been made.

(c) The licensing agency shall have the authority to deny an initial application if the applicant does not comply with Sections 87218(a)(2), (a)(9), and Health and Safety Code Sections 1569.1515(b) and 1569.50.

(d) If the application for an initial license is denied, the application processing fee shall be forfeited.

(e) If the application for an initial license is denied, the licensing agency shall send a written notice of denial by certified mail. The notification shall inform the applicant of the denial; set forth the reasons for the denial; and advise the applicant of the right to appeal.

(f) An applicant may appeal the denial of the application by sending a written notice of appeal to the licensing agency within 15 days of the postmark date of the denial notice.

(g) The licensing agency shall, upon receipt of the notice of appeal, advise the applicant in writing of the appeal procedure.

(h) The proceedings to review such denial shall be conducted pursuant to the provisions of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code.

87341 DENIAL OF A RENEWAL LICENSE
Repealed by CDSS Manual Letter CCL 01-10, effective 6/29/01.

 

87342 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.

87343 LICENSE COMPLAINTS

(a) Each licensee shall have the right, without prejudice, to bring to the attention of the Department or the licensing agency, or both, any alleged misapplication or capricious enforcement of regulations by any licensing representative, or any substantial differences in opinion as may occur between the licensee and any licensing representative concerning the proper application of the Residential Care Facilities for
the Elderly Act or of these regulations.

(b) Where applicable, a review of the complaint shall be conducted in accordance with Section 87455.

87344 INSPECTION AUTHORITY OF THE LICENSING AGENCY

(a) Any duly authorized officer, employee or agent of the licensing agency may, upon proper identification and upon stating the purpose of his/her visit, enter and inspect the entire premises of any place providing services at any time, with or without advance notice.

(b) The licensee shall ensure that provisions are made for private interviews with any resident or any staff member; and for the examination of all records relating to the operation of the facility.

(c) The licensing agency shall have the authority to inspect, audit, and copy resident or facility records upon demand during normal business hours. Records may be removed is necessary for copying. Removal of records shall be subject to the requirements in Sections 87566(f), 87570(d), and 87571(b).

(d) The licensing agency shall have the inspection authority specified in Health and Safety Code Sections
1569.24, 1569.32, 1569.33 and 1569.35.

87345 EVALUATION VISIT
(1) Every residential care facility for the elderly shall be evaluated as specified in Health and Safety Code
Section 1569.33
“(2) When the terms of agreement in a facility compliance plan require an annual evaluation.
“(3) When an accusation against a licensee is pending.
“(4) When a facility requires an annual visit as a condition of receiving federal financial participation.
“(5) In order to verify that a person who has been ordered out of the facility for the elderly by the department is no longer at the facility.
“(c) The department shall conduct [random] annual unannounced visits to no less than 10 percent of facilities not subject to an evaluation under subdivision
“(d) Under no circumstance shall the department visit a residential care facility for the elderly
less often than once every five years.”

87346 EXCLUSIONS

(1) Health and Safety Code Section 1569.58 reads:
“(a) The department may prohibit any person from being a member of the board of directors, an executive director, a board member, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility, or allowing contact with clients of a licensed facility by, any employee, prospective employee, or person who is not a client who has:
“(1) Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter.
“(2) Engaged in 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.
“(3) Been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime as defined in Section 1569.17.
“(4) Engaged in any other conduct which would constitute a basis for disciplining a licensee.
“(5) 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.
“(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.

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