SECTIONS 1596.8897-1596.8899

1596.8897.  (a) The department may prohibit any person from being amember of the board of directors, an executive director, or anofficer of a licensee or a licensee from employing, or continuing theemployment of, or allowing in a licensed facility, or allowingcontact 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 otherperson of, any provisions of this chapter or of any rules orregulations promulgated under this chapter. (2) Engaged in conduct that is inimical to the health, morals,welfare, or safety of either an individual in or receiving servicesfrom the facility, or the people of the State of California. (3) Been denied an exemption to work or to be present in afacility, when that person has been convicted of a crime as definedin Section 1596.871. (4) Engaged in any other conduct that would constitute a basis fordisciplining a licensee. (5) Engaged in acts of financial malfeasance concerning theoperation of a facility, including, but not limited to, improper useor embezzlement of client moneys and property or fraudulentappropriation for personal gain of facility moneys and property, orwillful or negligent failure to provide services for the care ofclients. (b) The excluded person, the facility, and the licensee shall begiven written notice of the basis of the department's action and ofthe excluded person's right to an appeal. The notice shall be servedeither by personal service or by registered mail. Within 15 daysafter the department serves the notice, the excluded person may filewith the department a written appeal of the exclusion order. If theexcluded person fails to file a written appeal within the prescribedtime, the department's action shall be final. (c) (1) The department may require the immediate removal of amember of the board of directors, an executive director, or anofficer of a licensee or exclusion of an employee, prospectiveemployee, or person who is not a client from a facility pending afinal decision of the matter, when, in the opinion of the director,the action is necessary to protect residents or clients from physicalor mental abuse, abandonment, or any other substantial threat totheir health or safety. (2) If the department requires the immediate removal of a memberof the board of directors, an executive director, or an officer of alicensee or exclusion of an employee, prospective employee, or personwho is not a client from a facility, the department shall serve anorder of immediate exclusion upon the excluded person that shallnotify the excluded person of the basis of the department's actionand of the excluded person's right to a hearing. (3) Within 15 days after the department serves an order ofimmediate exclusion, the excluded person may file a written appeal ofthe exclusion with the department. The department's action shall befinal if the excluded person does not appeal the exclusion within theprescribed time. The department shall do the following upon receiptof a written appeal: (A) Within 30 days of receipt of the appeal, serve an accusationupon the excluded person. (B) Within 60 days of receipt of a notice of defense by theemployee or prospective employee pursuant to Section 11506 of theGovernment Code, conduct a hearing on the accusation. (4) An order of immediate exclusion of the excluded person fromthe facility shall remain in effect until the hearing is completedand the director has made a final determination on the merits.However, the order of immediate exclusion shall be deemed vacated ifthe director fails to make a final determination on the merits within60 days after the original hearing has been completed. (d) An excluded person who files a written appeal of the exclusionorder with the department pursuant to this section shall, as part ofthe written request, provide his or her current mailing address. Theexcluded person shall subsequently notify the department in writingof any change in mailing address, until the hearing process has beencompleted or terminated. (e) Hearings held pursuant to this section shall be conducted inaccordance with Chapter 5 (commencing with Section 11500) of Division3 of Title 2 of the Government Code. The standard of proof shall bethe preponderance of the evidence and the burden of proof shall be onthe department. (f) The department may institute or continue a disciplinaryproceeding against a member of the board of directors, an executivedirector, or an officer of a licensee or an employee, prospectiveemployee, or person who is not a client upon any ground provided bythis section. The department may enter an order prohibiting anyperson from being a member of the board of directors, the executivedirector, or an officer of a licensee prohibiting the excluded person's employment or presence in the facility, or otherwise takedisciplinary action against the excluded person, notwithstanding anyresignation, withdrawal of employment application, or change ofduties by the excluded person, or any discharge, failure to hire, orreassignment of the excluded person by the licensee or that theexcluded person no longer has contact with clients at the facility. (g) A licensee's failure to comply with the department's exclusionorder after being notified of the order shall be grounds fordisciplining the licensee pursuant to Section 1596.885 or 1596.886. (h) (1) (A) In cases where the excluded person appealed theexclusion order and there is a decision and order upholding theexclusion order, the person shall be prohibited from working in anyfacility or being licensed to operate any facility licensed by thedepartment or from being a certified foster parent for the remainderof the excluded person's life, unless otherwise ordered by thedepartment. (B) The excluded individual may petition for reinstatement oneyear after the effective date of the decision and order of thedepartment upholding the exclusion order pursuant to Section 11522 ofthe Government Code. The department shall provide the excludedperson with a copy of Section 11522 of the Government Code with thedecision and order. (2) (A) In cases where the department informed the excluded personof his or her right to appeal the exclusion order and the excludedperson did not appeal the exclusion order, the person shall beprohibited from working in any facility or being licensed to operateany facility licensed by the department or a certified foster parentfor the remainder of the excluded person's life, unless otherwiseordered by the department. (B) The excluded individual may petition for reinstatement afterone year has elapsed from the date of the notification of theexclusion order pursuant to Section 11522 of the Government Code. Thedepartment shall provide the excluded person with a copy of Section11522 of the Government Code with the exclusion order.1596.8898.  (a) (1) If the department determines that a person wasissued a license under this chapter or under Chapter 1 (commencingwith Section 1200), Chapter 2 (commencing with Section 1250), Chapter3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing withSection 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 revokedwithin the preceding two years, the department shall exclude theperson from, and remove the person from the position of a member ofthe board of directors, the executive director, or an officer of alicensee of, any facility licensed by the department pursuant to thechapter. (2) If the department determines that a person previously wasissued a certificate of approval by a foster family agency which wasrevoked by the department pursuant to subdivision (b) of Section 1534within the preceding two years, the department shall exclude theperson from, and remove the person from the position of a member ofthe board of directors, the executive director, or an officer of alicensee of, any facility licensed by the department pursuant to thischapter. (b) If the department determines that the person had previouslyapplied for a license under any of the chapters listed in paragraph(1) of subdivision (a) and the application was denied within the lastyear, the department shall exclude the person from, and remove theperson from the position of a member of the board of directors, theexecutive director, or an officer of a licensee of, any facilitylicensed by the department pursuant to this chapter and as follows: (1) In cases where the applicant petitioned for a hearing, thedepartment shall exclude the person from, and remove the person fromthe position of a member of the board of directors, the executivedirector, or an officer of a licensee of, any facility licensed bythe department pursuant to this chapter until one year has elapsedfrom the effective date of the decision and order of the departmentupholding a denial. (2) In cases where the department informed the applicant of his orher right to petition for a hearing and the applicant did notpetition for a hearing, the department shall exclude the person from,and remove the person from the position of a member of the board ofdirectors, the executive director, or an officer of a licensee of,any facility licensed by the department pursuant to this chapteruntil one year has elapsed from the date of the notification of thedenial and the right to petition for a hearing. (c) If the department determines that the person had previouslyapplied for a certificate of approval with a foster family agency andthe department ordered the foster family agency to deny theapplication pursuant to subdivision (b) of Section 1534, thedepartment shall exclude the person from, and remove the person fromthe position of a member of the board of directors, the executivedirector, or an officer of a licensee of, any facility licensed bythe department pursuant to this chapter and as follows: (1) In cases where the applicant petitioned for a hearing, thedepartment shall exclude the person from, and remove the person fromthe position of a member of the board of directors, the executivedirector, or an officer of a licensee of, any facility licensed bythe department pursuant to this chapter until one year has elapsedfrom the effective date of the decision and order of the departmentupholding a denial. (2) In cases where the department informed the applicant of his orher right to petition for a hearing and the applicant did notpetition for a hearing, the department shall exclude the person from,and remove the person from the position of a member of the board ofdirectors, the executive director, or an officer of a licensee of,any facility licensed by the department pursuant to this chapteruntil one year has elapsed from the date of the notification of thedenial and the right to petition for a hearing. (d) Exclusion or removal of an individual pursuant to this sectionshall not be considered an order of exclusion for purposes ofSection 1598.8897 or any other law. (e) The department may determine not to exclude a person from, orremove him or her from the position of, a member of the board ofdirectors, the executive director, or an officer of a licensee of,any facility licensed by the department pursuant to this chapter ifit has been determined that the reasons for the denial of theapplication or revocation of the facility license or certificate ofapproval were due to circumstances or conditions that either havebeen corrected or are no longer in existence.1596.8899.  The department shall conduct an unannounced visit to afacility within 30 days after the department serves an order ofimmediate exclusion from the facility upon the licensee or a personsubject to immediate removal or exclusion from the facility pursuantto paragraph (2) of subdivision (c) of Section 1596.871 orsubdivision (c) of Section 1596.8897 in order to ensure that theexcluded person is not within the facility, unless the departmentpreviously has verified that the excluded person is not within thefacility.