SECTIONS 1569.40-1569.495

1569.40.  (a) Any person who violates this chapter, or who willfullyor repeatedly violates any rule or regulation adopted under thischapter, is guilty of a misdemeanor and upon conviction thereof shallbe punished by a fine not to exceed one thousand dollars ($1,000),by imprisonment in the county jail for a period not to exceed oneyear, or by both the fine and imprisonment. (b) Operation of a residential care facility for the elderlywithout a license shall be subject to a summons to appear in court.Unlicensed operation, establishment, management, conducting, ormaintaining of a facility as prohibited by Section 1569.10 is aseparate and distinct offense of this section and is punishable as amisdemeanor. (c) A misdemeanor may be prosecuted regardless of any concurrentenforcement of civil penalties or administrative remedies availableto the department. (d) Notwithstanding any other provision of this chapter, anyperson, firm, partnership, association, or corporation who owns,operates, establishes, manages, conducts, or maintains a residentialcare facility for the elderly, as defined in subdivisions (k) and (l) of Section 1569.2 which is an unlicensed residential carefacility for the elderly as defined in subdivision (a) of Section1569.44 is guilty of a misdemeanor and upon conviction thereof shallbe punished by a fine not exceeding two thousand five hundred dollars($2,500), by imprisonment in the county jail for a period not toexceed one year, or by both the fine and imprisonment.1569.405.  Upon a finding by the licensing authority that a facilityis in operation without a license, a peace officer, as defined inChapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of thePenal Code, may enforce Section 1569.10 by utilizing the proceduresset forth in Chapter 5 (commencing with Section 853.5) of Title 3 ofPart 2 of the Penal Code. A facility violating Section 1569.10 isguilty of an infraction punishable by a fine of two hundred dollars($200) for each day of violation. Upon a determination that aresidential care facility for the elderly is in violation of Section1569.10, and after a citation has been issued, the peace officershall immediately notify the licensing authority in the department.1569.406.  Any person who, without lawful authorization from a dulyauthorized officer, employee, or agent of the department, informs anowner, operator, employee, agent, or resident of a residential carefacility for the elderly of an impending and unannounced site visitto that facility by personnel of the department, except for a sitevisit prior to licensing the facility, is guilty of a misdemeanor andupon conviction thereof shall be punished by a fine not to exceedone thousand dollars ($1,000), by imprisonment in the county jail fora period not to exceed 180 days, or by both a fine and imprisonment.1569.41.  The director may bring an action to enjoin the violationor threatened violation of Section 1569.10 or 1569.44, or both, inthe superior court in and for the county in which the violationoccurred or is about to occur. Any proceeding under this sectionshall conform to the requirements of Chapter 3 (commencing withSection 525) of Title 7 of Part 2 of the Code of Civil Procedure,except that the director shall not be required to allege factsnecessary to show or tending to show lack of adequate remedy at lawor irreparable damage or loss. Upon a finding by the director thatthe violations threaten the health or safety of persons in, or servedby, a residential care facility for the elderly, the agencycontracted with pursuant to Section 1569.13 may bring an action toenjoin the violation, threatened violation, or continued violation byany residential care facility for the elderly which is located in anarea for which it is responsible pursuant to the terms of thecontract. With respect to any and all actions brought pursuant to thissection alleging actual violation of Section 1569.10 or 1569.44, orboth, the court shall, if it finds the allegations to be true, issueits order enjoining the residential care facility for the elderlyfrom continuance of the violation.1569.42.  Any action brought by the director against a residentialcare facility for the elderly shall not abate by reason of a sale orother transfer of ownership of the residential care facility for theelderly which is a party to the action except with express writtenconsent of the director.1569.43.  Notwithstanding any other provisions of this chapter, thedistrict attorney of every county, and city attorneys in those citieswhich have city attorneys which prosecute misdemeanors pursuant toSection 72193 of the Government Code, shall, upon their owninitiative or upon application by the state department or itsauthorized representative, institute and conduct the prosecution ofany action for violation of this chapter within his or herjurisdiction.1569.44.  (a) A facility shall be deemed to be an "unlicensedresidential care facility for the elderly" and "maintained andoperated to provide residential care" if it is unlicensed and notexempt from licensure, and any one of the following conditions issatisfied: (1) The facility is providing care and supervision, as defined bythis chapter or the rules and regulations adopted pursuant to thischapter. (2) The facility is held out as, or represented as, providing careand supervision, as defined by this chapter or the rules andregulations adopted pursuant to this chapter. (3) The facility accepts or retains residents who demonstrate theneed for care and supervision, as defined by this chapter or therules and regulations adopted pursuant to this chapter. (4) The facility represents itself as a licensed residentialfacility for the elderly. (b) No unlicensed residential facility for the elderly, as definedin subdivision (a), shall operate in this state. (c) Upon discovery of an unlicensed residential care facility forthe elderly, the department shall refer residents to the appropriateplacement or adult protective services agency or the appropriatelocal or state long-term care ombudsman, if either of the followingconditions exist: (1) There is an immediate threat to the clients' health andsafety. (2) The facility will not cooperate with the licensing agency toapply for a license, meet licensing standards, and obtain a validlicense.1569.45.  A facility shall be licensed as a residential carefacility for the elderly if it offers care and supervision, asdefined, to its residents. Every residential care facility for theelderly in this state shall be licensed under this chapter.1569.46.  Operation of an unlicensed facility shall be an act ofunfair competition and an unfair business practice within the meaningof Chapter 5 (commencing with Section 17200) of the Business andProfessions Code.1569.47.  (a) "Placement agency" means any county welfaredepartment, county social service department, county mental healthdepartment, county public guardian, general acute care hospitaldischarge planner or coordinator, state-funded program or privateagency providing placement or referral services, conservator pursuantto Part 3 (commencing with Section 1800) of Division 4 of theProbate Code, conservator pursuant to Chapter 3 (commencing withSection 5350) of Part 1 of Division 5 of the Welfare and InstitutionsCode, and regional center for persons with developmentaldisabilities which is engaged in finding homes or other places forthe placement of elderly persons for temporary or permanent care. (b) A placement agency shall not place individuals in licensedresidential care facilities for the elderly when the individual,because of his or her health condition, cannot be cared for withinthe limits of the license or requires inpatient care in a healthfacility. Violation of this subdivision is a misdemeanor. (c) A placement agency or employee of a placement agency shall notplace, refer, or recommend placement of a person in a facilityproviding care and supervision, or protective supervision, unless thefacility is licensed as a residential care facility for the elderlyor is exempt from licensing under Section 1569.145. Violation of thissubdivision is a misdemeanor. (d) Any employee of a placement agency who knows, or reasonablysuspects, that a facility which is not exempt from licensing isoperating without a license shall report the name and address of thefacility to the department. Failure to report as required by thissubdivision is a misdemeanor. (e) The department shall investigate any report filed undersubdivision (d). If the department has probable cause to believe thatthe facility which is the subject of the report is operating withouta license, the department shall investigate the facility within 10days after receipt of the report. (f) A placement agency shall notify the appropriate licensingagency of any known or suspected incidents which would jeopardize thehealth or safety of residents in a residential care facility for theelderly. Reportable incidents include, but are not limited to, allof the following: (1) Incidents of physical abuse. (2) Any violation of personal rights. (3) Any situation in which a facility is unclean, unsafe,unsanitary, or in poor condition. (4) Any situation in which a facility has insufficient personnelor incompetent personnel on duty. (5) Any situation in which residents experience mental or verbalabuse.1569.48.  A fund may be established to which not more than 50percent of each penalty assessed pursuant to Section 1569.49 istransmitted to the department for use by the Community Care LicensingDivision of the department to establish an emergency residentrelocation fund to be utilized for the relocation and care ofresidents when a facility's license is revoked or temporarilysuspended, when appropriated by the Legislature. The money in thefund shall cover costs, including, but not limited to, transportationexpenses, expenses incurred in notifying family members, and anyother costs directly associated with providing continuous care to theresidents. The department shall seek the advice of providers indeveloping a state plan for emergency resident relocation.1569.485.  (a) Notwithstanding any other provision of this chapter,any person who violates Section 1569.10 or 1569.44, or both, shall beassessed by the department an immediate civil penalty in the amountof one hundred dollars ($100) per resident for each day of theviolation, unless other remedies available to the department,including criminal prosecution, are deemed more effective by thedepartment. (b) The civil penalty authorized in subdivision (a) shall bedoubled if an unlicensed facility is operated and the operatorrefuses to seek licensure or the operator seeks licensure and thelicensure application is denied and the operator continues to operatethe unlicensed facility, unless other remedies available to thedepartment, including criminal prosecution, are deemed more effectiveby the department. (c) An operator may appeal the assessment to the director. Thedepartment shall adopt regulations setting forth the appealprocedure.1569.49.  (a) In addition to the suspension, temporary suspension,or revocation of a license issued under this chapter, the departmentmay levy a civil penalty. The department shall adopt regulationssetting forth the appeal procedures for deficiencies. (b) The amount of the civil penalty shall not be less thantwenty-five dollars ($25) or more than fifty dollars ($50) per dayfor each violation of this chapter except where the nature orseriousness of the violation or the frequency of the violationwarrants a higher penalty or an immediate civil penalty assessment,or both, as determined by the department. In no event, shall a civilpenalty assessment exceed one hundred fifty dollars ($150) per dayper violation. (c) Notwithstanding Section 1569.33, the department shall assessan immediate civil penalty of one hundred fifty dollars ($150) perday per violation for any of the following serious violations: (1) (A) Fire clearance violations, including, but not limited to,overcapacity, ambulatory status, inoperable smoke alarms, andinoperable fire alarm systems. The civil penalty shall not beassessed if the licensee has done either of the following: (i) Requested the appropriate fire clearance based on ambulatory,nonambulatory, or bedridden status, and the decision is pending. (ii) Initiated eviction proceedings. (B) A licensee denied a clearance for bedridden residents mayappeal to the fire authority, and, if that appeal is denied, maysubsequently appeal to the Office of the State Fire Marshal, andshall not be assessed an immediate civil penalty until the finalappeal is decided, or after 60 days has passed from the date of thecitation, whichever is earlier. (2) Absence of supervision as required by statute or regulation. (3) Accessible bodies of water, when prohibited in this chapter orregulations adopted pursuant to this chapter. (4) Accessible firearms, ammunition, or both. (5) Refused entry to a facility or any part of a facility inviolation of Section 1569.32, 1569.33, or 1569.35. (6) The presence of an excluded person on the premises. (d) Notwithstanding Section 1569.33, any residential care facilityfor the elderly that is cited for repeating the same violation ofthis chapter within 12 months of the first violation is subject to animmediate civil penalty of one hundred fifty dollars ($150) andfifty dollars ($50) for each day the violation continues until thedeficiency is corrected. (e) Any residential care facility for the elderly that is assesseda civil penalty pursuant to subdivision (d) which repeats the sameviolation of this chapter within 12 months of the violation subjectto subdivision (d) shall be assessed an immediate civil penalty ofone thousand dollars ($1,000) and one hundred dollars ($100) for eachday the violation continues until the deficiency is corrected. (f) The department shall adopt regulations implementing thissection.1569.495.  The civil, criminal, and administrative remediesavailable to the department pursuant to this article are notexclusive, and may be sought and employed in any combination deemedadvisable by the state department to enforce this chapter.