11834.35. Any employee or agent of the department upon presentation
of proper identification, may enter and inspect any building,
premises, and records, at a reasonable time, with or without notice,
to secure information regarding compliance with, or to prevent a
violation of, this chapter or any regulation adopted pursuant to this
chapter. Failure of the owner or operator of the building or
premises to allow the employee or agent of the department to enter
and inspect the building, premises, and records, shall result in the
department taking legal action to gain entry by an inspection warrant
issued pursuant to Title 13 (commencing with Section 1822.50) of
Part 3 of the Code of Civil Procedure. The cost of any legal action
required to gain entry to a licensed facility shall be borne by the
owner or operator responsible for preventing the department from
entering and inspecting the building, premises, and records.
11834.36. (a) The director may suspend or revoke any license issued
under this chapter, or deny an application for licensure, for
extension of the licensing period, or to modify the terms and
conditions of a license, upon any of the following grounds and in the
manner provided in this chapter:
(1) Violation by the licensee of any provision of this chapter or
regulations adopted pursuant to this chapter.
(2) Repeated violation by the licensee of any of the provisions of
this chapter or regulations adopted pursuant to this chapter.
(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2).
(4) Conduct in the operation of an alcoholism or drug abuse
recovery or treatment facility that is inimical to the health,
morals, welfare, or safety of either an individual in, or receiving
services from, the facility or to the people of the State of
California.
(5) Misrepresentation of any material fact in obtaining the
alcoholism or drug abuse recovery or treatment facility license.
(6) Failure to pay any civil penalties assessed by the department.
(b) The director may temporarily suspend any license prior to any
hearing when, in the opinion of the director, the action is necessary
to protect residents of the alcoholism or drug abuse recovery or
treatment facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety. The director shall
notify the licensee of the temporary suspension and the effective
date of the temporary suspension and at the same time shall serve the
provider with an accusation. Upon receipt of a notice of defense to
the accusation by the licensee, the director shall, within 15 days,
set the matter for hearing, and the hearing shall be held as soon as
possible. The temporary suspension shall remain in effect until the
time the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension shall
be deemed vacated if the director fails to make a final determination
on the merits within 30 days after the department receives the
proposed decision from the Office of Administrative Hearings.
11834.37. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance
with the provisions of Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, and the
department shall have all the powers granted by those provisions. In
the event of conflict between this chapter and the Government Code,
the Government Code shall prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
(c) The department shall commence and process licensure
revocations under this chapter in a timely and expeditious manner.
The Office of Administrative Hearings shall give priority calendar
preference to licensure revocation hearings pursuant to this chapter,
particularly revocations where the health and safety of the
residents are in question.
11834.38. Any license suspended pursuant to this chapter may be
reinstated pursuant to Section 11522 of the Government Code.
11834.39. (a) The withdrawal of an application for a license after
it has been filed with the department shall not, unless the
department consents in writing to the withdrawal, deprive the
department 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 of
these grounds.
(b) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, or its suspension, forfeiture,
or cancellation by order of the department or by order of a court of
law, or its surrender without the written consent of the department,
shall not deprive the department of its authority to institute or
continue a disciplinary proceeding against the licensee upon any
ground provided by law or to enter an order suspending or revoking
the license or otherwise taking disciplinary action against the
licensee on any ground provided by law.
11834.40. A license shall terminate by operation of law, prior to
its expiration date, when any of the following conditions occur:
(a) The licensee sells or otherwise transfers the facility or the
property of the facility as identified on the license, unless the
transfer of ownership applies to the transfer of stock when the
facility is owned by and licensed as a corporation, and when the
transfer of stock does not constitute a majority change in ownership.
(b) The licensee surrenders the license to the department.
(c) The licensee moves the facility identified on the license from
one location to another. The department shall develop regulations to
provide for an expedited application and licensing process for a
newly located facility.
(d) The licensee is a sole proprietor and the licensee dies.
(e) The licensee actually or constructively abandons the licensed
facility. Constructive abandonment includes insolvency, eviction, or
seizure of assets or equipment resulting in the failure to provide
recovery, treatment, or detoxification services to residents.
11834.45. The civil and administrative remedies available to the
department pursuant to this chapter are not exclusive, and may be
sought and employed in any combination deemed advisable by the
department to enforce this chapter.
11834.35. Any employee or agent of the department upon presentation
of proper identification, may enter and inspect any building,
premises, and records, at a reasonable time, with or without notice,
to secure information regarding compliance with, or to prevent a
violation of, this chapter or any regulation adopted pursuant to this
chapter. Failure of the owner or operator of the building or
premises to allow the employee or agent of the department to enter
and inspect the building, premises, and records, shall result in the
department taking legal action to gain entry by an inspection warrant
issued pursuant to Title 13 (commencing with Section 1822.50) of
Part 3 of the Code of Civil Procedure. The cost of any legal action
required to gain entry to a licensed facility shall be borne by the
owner or operator responsible for preventing the department from
entering and inspecting the building, premises, and records.
11834.36. (a) The director may suspend or revoke any license issued
under this chapter, or deny an application for licensure, for
extension of the licensing period, or to modify the terms and
conditions of a license, upon any of the following grounds and in the
manner provided in this chapter:
(1) Violation by the licensee of any provision of this chapter or
regulations adopted pursuant to this chapter.
(2) Repeated violation by the licensee of any of the provisions of
this chapter or regulations adopted pursuant to this chapter.
(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2).
(4) Conduct in the operation of an alcoholism or drug abuse
recovery or treatment facility that is inimical to the health,
morals, welfare, or safety of either an individual in, or receiving
services from, the facility or to the people of the State of
California.
(5) Misrepresentation of any material fact in obtaining the
alcoholism or drug abuse recovery or treatment facility license.
(6) Failure to pay any civil penalties assessed by the department.
(b) The director may temporarily suspend any license prior to any
hearing when, in the opinion of the director, the action is necessary
to protect residents of the alcoholism or drug abuse recovery or
treatment facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety. The director shall
notify the licensee of the temporary suspension and the effective
date of the temporary suspension and at the same time shall serve the
provider with an accusation. Upon receipt of a notice of defense to
the accusation by the licensee, the director shall, within 15 days,
set the matter for hearing, and the hearing shall be held as soon as
possible. The temporary suspension shall remain in effect until the
time the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension shall
be deemed vacated if the director fails to make a final determination
on the merits within 30 days after the department receives the
proposed decision from the Office of Administrative Hearings.
11834.37. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance
with the provisions of Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, and the
department shall have all the powers granted by those provisions. In
the event of conflict between this chapter and the Government Code,
the Government Code shall prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
(c) The department shall commence and process licensure
revocations under this chapter in a timely and expeditious manner.
The Office of Administrative Hearings shall give priority calendar
preference to licensure revocation hearings pursuant to this chapter,
particularly revocations where the health and safety of the
residents are in question.
11834.38. Any license suspended pursuant to this chapter may be
reinstated pursuant to Section 11522 of the Government Code.
11834.39. (a) The withdrawal of an application for a license after
it has been filed with the department shall not, unless the
department consents in writing to the withdrawal, deprive the
department 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 of
these grounds.
(b) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, or its suspension, forfeiture,
or cancellation by order of the department or by order of a court of
law, or its surrender without the written consent of the department,
shall not deprive the department of its authority to institute or
continue a disciplinary proceeding against the licensee upon any
ground provided by law or to enter an order suspending or revoking
the license or otherwise taking disciplinary action against the
licensee on any ground provided by law.
11834.40. A license shall terminate by operation of law, prior to
its expiration date, when any of the following conditions occur:
(a) The licensee sells or otherwise transfers the facility or the
property of the facility as identified on the license, unless the
transfer of ownership applies to the transfer of stock when the
facility is owned by and licensed as a corporation, and when the
transfer of stock does not constitute a majority change in ownership.
(b) The licensee surrenders the license to the department.
(c) The licensee moves the facility identified on the license from
one location to another. The department shall develop regulations to
provide for an expedited application and licensing process for a
newly located facility.
(d) The licensee is a sole proprietor and the licensee dies.
(e) The licensee actually or constructively abandons the licensed
facility. Constructive abandonment includes insolvency, eviction, or
seizure of assets or equipment resulting in the failure to provide
recovery, treatment, or detoxification services to residents.
11834.45. The civil and administrative remedies available to the
department pursuant to this chapter are not exclusive, and may be
sought and employed in any combination deemed advisable by the
department to enforce this chapter.
11834.35. Any employee or agent of the department upon presentation
of proper identification, may enter and inspect any building,
premises, and records, at a reasonable time, with or without notice,
to secure information regarding compliance with, or to prevent a
violation of, this chapter or any regulation adopted pursuant to this
chapter. Failure of the owner or operator of the building or
premises to allow the employee or agent of the department to enter
and inspect the building, premises, and records, shall result in the
department taking legal action to gain entry by an inspection warrant
issued pursuant to Title 13 (commencing with Section 1822.50) of
Part 3 of the Code of Civil Procedure. The cost of any legal action
required to gain entry to a licensed facility shall be borne by the
owner or operator responsible for preventing the department from
entering and inspecting the building, premises, and records.
11834.36. (a) The director may suspend or revoke any license issued
under this chapter, or deny an application for licensure, for
extension of the licensing period, or to modify the terms and
conditions of a license, upon any of the following grounds and in the
manner provided in this chapter:
(1) Violation by the licensee of any provision of this chapter or
regulations adopted pursuant to this chapter.
(2) Repeated violation by the licensee of any of the provisions of
this chapter or regulations adopted pursuant to this chapter.
(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2).
(4) Conduct in the operation of an alcoholism or drug abuse
recovery or treatment facility that is inimical to the health,
morals, welfare, or safety of either an individual in, or receiving
services from, the facility or to the people of the State of
California.
(5) Misrepresentation of any material fact in obtaining the
alcoholism or drug abuse recovery or treatment facility license.
(6) Failure to pay any civil penalties assessed by the department.
(b) The director may temporarily suspend any license prior to any
hearing when, in the opinion of the director, the action is necessary
to protect residents of the alcoholism or drug abuse recovery or
treatment facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety. The director shall
notify the licensee of the temporary suspension and the effective
date of the temporary suspension and at the same time shall serve the
provider with an accusation. Upon receipt of a notice of defense to
the accusation by the licensee, the director shall, within 15 days,
set the matter for hearing, and the hearing shall be held as soon as
possible. The temporary suspension shall remain in effect until the
time the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension shall
be deemed vacated if the director fails to make a final determination
on the merits within 30 days after the department receives the
proposed decision from the Office of Administrative Hearings.
11834.37. (a) Proceedings for the suspension, revocation, or denial
of a license under this chapter shall be conducted in accordance
with the provisions of Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, and the
department shall have all the powers granted by those provisions. In
the event of conflict between this chapter and the Government Code,
the Government Code shall prevail.
(b) In all proceedings conducted in accordance with this section,
the standard of proof to be applied shall be by the preponderance of
the evidence.
(c) The department shall commence and process licensure
revocations under this chapter in a timely and expeditious manner.
The Office of Administrative Hearings shall give priority calendar
preference to licensure revocation hearings pursuant to this chapter,
particularly revocations where the health and safety of the
residents are in question.
11834.38. Any license suspended pursuant to this chapter may be
reinstated pursuant to Section 11522 of the Government Code.
11834.39. (a) The withdrawal of an application for a license after
it has been filed with the department shall not, unless the
department consents in writing to the withdrawal, deprive the
department 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 of
these grounds.
(b) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, or its suspension, forfeiture,
or cancellation by order of the department or by order of a court of
law, or its surrender without the written consent of the department,
shall not deprive the department of its authority to institute or
continue a disciplinary proceeding against the licensee upon any
ground provided by law or to enter an order suspending or revoking
the license or otherwise taking disciplinary action against the
licensee on any ground provided by law.
11834.40. A license shall terminate by operation of law, prior to
its expiration date, when any of the following conditions occur:
(a) The licensee sells or otherwise transfers the facility or the
property of the facility as identified on the license, unless the
transfer of ownership applies to the transfer of stock when the
facility is owned by and licensed as a corporation, and when the
transfer of stock does not constitute a majority change in ownership.
(b) The licensee surrenders the license to the department.
(c) The licensee moves the facility identified on the license from
one location to another. The department shall develop regulations to
provide for an expedited application and licensing process for a
newly located facility.
(d) The licensee is a sole proprietor and the licensee dies.
(e) The licensee actually or constructively abandons the licensed
facility. Constructive abandonment includes insolvency, eviction, or
seizure of assets or equipment resulting in the failure to provide
recovery, treatment, or detoxification services to residents.
11834.45. The civil and administrative remedies available to the
department pursuant to this chapter are not exclusive, and may be
sought and employed in any combination deemed advisable by the
department to enforce this chapter.
