87155 APPLICATION FOR LICENSE

(a) Any individual, firm, partnership, association, corporation or governmental entity desiring to obtain a license shall file with the licensing agency an application on forms furnished by the licensing agency. The licensee shall cooperate with the licensing agency in providing verification and/or documentation as requested by the licensing agency. The application and supporting documents shall contain the following:
(1) Name or proposed name and address of facility.

(2) Name and address of the applicant and documentation verifying completion by the applicant of certification requirements as specified in Section 87406, Administrator Certification Requirements.

(A) This section shall apply to all applications for license, unless the applicant has a current license for another residential care facility for the elderly which was initially licensed prior to July 1, 1989 or has successfully completed an approved certification program within the prior five years.
(B) If the applicant is a firm, partnership, association, or corporation, the chief executive officer or person serving in a like capacity or the designated administrator of the facility shall meet the requirements of this section.
(3) If the applicant is a partnership, the name, signature and principal business address of each partner.
(4) If the applicant is a corporation or association, the name, title and principal business address of each officer, executive director, and member of the governing board. The application shall be signed by the chief executive officer or authorized representative. In addition, a copy of the Articles of Incorporation, Constitution and By-laws, and the name and address of each person owning more than 10 percent of stock in the corporation shall be provided.
(5) If the applicant is a corporation, each member of the board of directors, executive director, and any officer shall list the name of all facilities which they have been licensed to operate, employed by or a member of the board of the directors, executive director or an officer.
(6) Procedures as required pursuant to section 1569.175 of the Health and Safety Code.
(7) Name and address of owner of facility premises if applicant is leasing or renting.
(8) The category of facility to be operated.
(9) Maximum number to be served.
(10) The name, residence and mailing addresses of the facility administrator, a description of the administrator’s background and qualifications, and documentation verifying the required education and administrator certification.
(11) Copy of the current organizational chart showing type and number of positions and line of authority. However, facilities for less than sixteen persons may furnish, in lieu of an organization chart, a list of positions and the periods of time that persons in these positions will be providing services at the facility.
(12) Evidence pursuant to Health and Safety Code, section 1520(b).
Health and Safety Code section 1520(b) provides:
“(b) Evidence satisfactory to the department that the applicant is of reputable and responsible character. … If the applicant is a firm, association, organization, partnership, business trust, corporation or company, like evidence shall be submitted as to the members or shareholders thereof, and the person who will be in charge of the community care facility
for which application for issuance of license or special permit is made.”
(13) A financial plan of operation on forms provided or approved by the Department. Start-up funds shall be sufficient to meet a minimum of three (3) months operating costs. In addition:
(A) Where construction is anticipated to meet the requirements for a license, sufficient financing for the construction shall be available.
(B) The scope of the applicant’s services shall be such that an adequate quality of service will be permitted from available funds. The licensing agency shall have the right to verify the availability of these funds.
(14) When there is a change of licensee, the required documentation shall include the information specified in Section 87217(k).
(15) Information concerning insurance carried by the applicant relating to the operation of the facility.
(16) A plan of operation as specified in Section 87208, Plan of Operation.
(17) The fee for processing the application for the requested capacity as specified in Section 87156, Licensing Fees.
(18) Name, address and telephone number of the city or county fire department, the district
providing fire protection services, or the State Fire Marshal’s Office having jurisdiction in the
area where the facility is located.
(19) Such other information as may be required by the licensing agency for the proper administration and enforcement of the licensing law and regulations.
(b) An application shall be filed with the licensing agency which serves the area in which the facility is located.

87156 LICENSING FEES

(a) An applicant or licensee shall be charged fees as specified in Health and Safety Code section 1569.185.

(a)(1) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license to operate a residential care facility for the elderly. After initial licensure, a fee shall be charged by the department annually on each anniversary of the effective date of the license. The fees are for the purpose of financing activities specified in this chapter. Fees shall be assessed as follows, subject to paragraph
(2): Fee Schedule

Capacity         Initial                 Annual
Application
1-3                  $ 495.60             $ 495.60
4-6                 $990.00              $ 495.60
7-15 $            $1,486.80            $ 742.80
16-30             $ 1,980.00          $ 990.00
31-49             $ 2,476.80          $1,238.40
50-74             $ 2,972.40          $1,448.00
75-100           $ 3,469.20          $1,734.00
101-150         $ 3,964.80          $1,982.40
151-200         $ 4,622.40          $2,311.20
201-250        $ 5,280.00          $2,640.00
251-300        $ 5,940.00          $2,970.00
301-350        $ 6,600.00          $3,300.00
351-400        $ 7,260.00           $3,630.00
401-500        $ 8,580.00          $4,290.00
501-600        $ 9,900.00          $4,950.00
601-700        $11,220.00          $5,610.00
701+              $13,200.00                 $6,600.00

87157 APPLICATION REVIEW

(a) No initial license shall be issued until the licensing agency has completed the following:
(1) A review which includes an on-site survey of the proposed premises and a determination of the qualifications of the applicant.
(2) A determination that the applicant has secured a fire clearance from the State Fire Marshal.
(3) A determination that the applicant and facility comply with the provisions of Chapter 3 (commencing with section 1569) of Division 2 of the Health and Safety Code, and the regulations in this chapter.

(b) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in subdivision (a) and the application was denied within the last year, the department shall, except as provided in section 1569.22, cease further review of the application until one year has elapsed from the date of the denial letter. In those circumstances where denials are appealed and upheld at an administrative hearing, review of the application shall cease for one year from the date of the decision and order being rendered by the department. The cessation of review shall not constitute a denial of the application….”

87158 CAPACITY

(a) A license shall be issued for a specific capacity which shall be the maximum number of residents which can be provided care at any given time. The capacity shall be exclusive of any members of the licensee’s own family who reside at the facility. However, the licensing agency shall consider the presence of other family members or other persons who reside in the facility in determining capacity in order to ensure and promote proper living arrangements for both the licensee’s family and the residents and to ensure the provision of adequate care and supervision for the residents.
(b) The number of persons that the facility is licensed to admit shall be determined on the basis of the application review by the licensing agency which shall consider:
(1) Physical energy and skills of the licensee as it relates to their ability to meet the needs of the residents
(2) Any other household members who may reside at the facility and their individual needs.
(3) Physical features of the facility, such as available living space, which are necessary in order to comply with regulations.
(4) Number of available staff to meet the care needs of the residents.

87159 WITHDRAWAL OF APPLICATION

(a) The applicant may withdraw an application. However, unless the licensing agency consents in writing to such withdrawal, the Department or licensing agency shall not be deprived 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.
(b) The fee for processing the application shall be forfeited.

87161 RESUBMISSION OF APPLICATION

(a) A new application shall be made whenever there is any change in conditions or limitations described on the current license, including, but not limited to:
(1) Any change in the location of the facility.
(2) Any change in the licensee.
(3) Failure to complete a new application within the required time limit.
(4) Any increase in capacity.
(A) Minor capacity increases may be granted following an evaluation by the licensing agency without the need for resubmission of an application.
(5) A corporate organizational change, including, but not limited to, change in structure, sale or transfer of the majority of stock, separating from a parent company, or merger with another company. The licensee shall notify the licensing agency of such organizational change within forty-eight (48) hours.

87162 PROVISIONAL LICENSE

(a) The licensing agency may issue a provisional license to an applicant who has submitted a completed application for an initial license if the licensing agency determines that there are no life safety risks, that the facility is in substantial compliance, as defined in Section 87101(s)(6), with applicable law and regulations, and an immediate need for licensure exists as defined in Section 87101(i)(3).

(1) A provisional license shall not be issued as specified in Health and Safety Code section 1569.1515(b).

(b) The capacity of a provisional license shall be limited to the number of residents for whom immediate need has been established, or the capacity established for the specific facility, whichever is less.

(c) A provisional license shall not be renewable and shall terminate on the date specified on the license, or upon denial of the application, whichever is earlier.

(1) A provisional license may be issued for a maximum of six (6) months when the licensing agency determines that full compliance with licensing regulations will be achieved within that time period.

(2) A provisional license may be issued for a maximum of twelve (12) months when the licensing agency determines, at the time of application, that more than six (6) months is required to achieve full compliance with licensing regulations due to circumstances beyond the control of the applicant.

(d) If, during the provisional licensing period, the licensing agency discovers deficiencies which threaten the physical health, mental health, safety or welfare of the residents, the Department may exercise its discretion to institute administrative action or civil proceedings or to refer for criminal prosecution.

(e) If the licensing agency determines after its review, specified in Section 87157, Application Review, that the licensee does not meet the licensing requirements, the application shall be denied, as specified in Section 87163, Denial of License Application.

(f) If the licensing agency denied the application for an initial license, the applicant may appeal the denial, as provided in Section 87163, Denial of License Application. Until the Director adopts a decision on the denial action, the facility shall be unlicensed.

87163 DENIAL OF LICENSE APPLICATION

(a) Except as specified in Section 87162(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 87768, Unlicensed Facility Penalties, 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 87155(a)(2) and (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.

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