1550. The department may deny an application for, or suspend or
revoke, any license, or any administrator certificate, issued under
this chapter upon any of the following grounds and in the manner
provided in this chapter, or may deny a transfer of a license
pursuant to paragraph (2) of subdivision (b) of Section 1524 for any
of the following grounds:
(a) Violation by the licensee or holder of a special permit of
this chapter or of the rules and regulations promulgated under this
chapter.
(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations promulgated under this chapter.
(c) 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.
(d) The conviction of a licensee, or other person mentioned in
Section 1522, at any time before or during licensure, of a crime as
defined in Section 1522.
(e) The licensee of any facility or the person providing direct
care or supervision knowingly allows any child to have illegal drugs
or alcohol.
(f) 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.
1550.5. The director may temporarily suspend any license prior to
any hearing when, in the opinion of the director, the action is
urgent to protect residents or clients of the facility from physical
or mental abuse, abandonment, or any other substantial threat to
health or safety. The director shall serve the licensee with the
temporary suspension order, a copy of available discovery and other
relevant evidence in the possession of the department, including, but
not limited to, affidavits, declarations, and any other evidence
upon which the director relied in issuing the temporary suspension
order, the names of the department's witnesses, and the effective
date of the temporary suspension and at the same time shall serve the
licensee with an accusation.
(a) (1) The department shall notify the licensee, upon service of
an order of temporary license suspension, of the licensee's right to
an interim hearing on the order. The department shall also provide
the licensee with a form and appropriate information for the licensee'
s use in requesting an interim hearing. The department shall also
notify the licensee, upon service, of the licensee's independent
right to seek review of the order by the superior court pursuant to
Section 1085 of the Code of Civil Procedure.
(2) (A) The licensee may request an interim hearing by mailing or
delivering a written request to the Office of Administrative
Hearings. The licensee shall mail or deliver the request to the
address or location specified on the request form served with the
order. The licensee shall mail or deliver the request within five
days after service of the order. Upon receipt of a timely request for
an interim hearing, the Office of Administrative Hearings shall set
a hearing date and time which shall be within 10 working days of the
office's receipt of the request. The Office of Administrative
Hearings shall promptly notify the licensee of the date, time, and
place of the hearing. The licensee's request for an interim hearing
shall not stay the operation of the order.
(B) Nothing in this section precludes a licensee from proceeding
directly to a full evidentiary hearing or from seeking review of the
temporary suspension order by the superior court without first
requesting an interim hearing. Nothing in this section requires
resolution of the interim hearing prior to review of the temporary
suspension order by the superior court. The relief that may be
ordered is a stay of the temporary suspension order.
(3) (A) An interim hearing shall be held before an administrative
law judge of the Office of Administrative Hearings. The interim
hearing shall be held at the regional office of the Office of
Administrative Hearings having jurisdiction over the location of the
facility.
(B) For purposes of the interim hearing conducted pursuant to this
section, the licensee and department shall, at a minimum, have the
following rights:
(i) To be represented by counsel.
(ii) To have a record made of the proceedings, copies of which may
be obtained by the licensee upon payment of reasonable charges
associated with the record.
(iii) To present written evidence in the form of relevant
declarations, affidavits, and documents. No later than five working
days prior to the interim hearing, the department and the respondent
shall serve the opposing party, by overnight delivery or facsimile
transmission, with any additional available pertinent discovery that
the department or respondent will present at the hearing and that was
not provided to the licensee at the time the temporary suspension
order was issued. The additional discovery shall include, but not be
limited to, affidavits, declarations, and the names of witnesses who
will testify at the full evidentiary hearing. The department and the
respondent shall have a continuing obligation to exchange discovery
as described in this section, up to and including the day of the
interim hearing. There shall be no oral testimony at the interim
hearing.
(iv) In lieu of an affidavit by an alleged victim named in the
accusation, the department and the respondent shall be permitted, at
the discretion of the administrative law judge, to introduce at the
interim hearing hearsay evidence as to any statement made by the
alleged victim as if the alleged victim executed an affidavit. In
deciding whether the hearsay statement should be admitted as evidence
in the interim hearing, the administrative law judge shall consider
the circumstances that would indicate the trustworthiness of the
statement.
(v) To present oral argument.
(C) Consistent with the standards of proof applicable to a
preliminary injunction entered under Section 527 of the Code of Civil
Procedure, the administrative law judge shall vacate the temporary
suspension order where, in the exercise of discretion, the
administrative law judge concludes both of the following:
(i) There is a reasonable probability that the licensee will
prevail in the underlying action.
(ii) The likelihood of physical or mental abuse, abandonment, or
other substantial threat to the health or safety of residents or
clients in not sustaining the order does not outweigh the likelihood
of injury to the licensee in sustaining the order.
(D) The interim hearing shall be reported or recorded pursuant to
subdivision (d) of Section 11512 of the Government Code.
(4) The administrative law judge shall issue a verbal interim
decision at the conclusion of the interim hearing which sustains or
vacates the order. The administrative law judge shall issue a written
interim decision within five working days following the conclusion
of the interim hearing. The written interim decision shall include
findings of fact and a conclusion articulating the connection between
the evidence produced at the hearing and the decision reached.
(5) The interim decision shall be subject to review only pursuant
to Section 1094.5 of the Code of Civil Procedure. The department or
the licensee may file a petition for that review. A petition for
review under Section 1094.5 of the Code of Civil Procedure shall be
heard by the court within 10 days of its filing and the court shall
issue its judgment on the petition within 10 days of the conclusion
of the hearing.
(6) The department may proceed with the accusation as otherwise
provided by this section and Section 1551 notwithstanding an interim
decision by the administrative law judge that vacates the order of
temporary license suspension.
(b) Upon receipt of a notice of defense to the accusation by the
licensee, the director shall, within 15 days, set the matter for a
full evidentiary hearing, and the hearing shall be held as soon as
possible but not later than 30 days after receipt of the notice. 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, unless it is earlier vacated by interim decision of
the administrative law judge or a superior court judge. 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
original hearing has been completed.
1550.7. (a) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a temporary
suspension of a license in order to ensure that the facility is
nonoperational, unless the department previously has verified that
the facility is nonoperational.
(b) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a revocation of a
license, in order to ensure that the facility is nonoperational,
unless the department previously has verified that the facility is
nonoperational.
1551. (a) Proceedings for the suspension, revocation, or denial of
a license, registration, special permit, or any administrator
certificate under this chapter, or denial of transfer of a license
pursuant to paragraph (2) of subdivision (c) of Section 1524, shall
be conducted in accordance with 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) If the license is not temporarily suspended pursuant to
Section 1550, the hearing shall be held within 90 calendar days after
receipt of the notice of defense, unless a continuance of the
hearing is granted by the department or the administrative law judge.
When the matter has been set for hearing only the administrative law
judge may grant a continuance of the hearing. The administrative law
judge may, but need not, grant a continuance of the hearing only
upon finding the existence of one or more of the following:
(1) The death or incapacitating illness of a party, a
representative or attorney of a party, a witness to an essential
fact, or of the parent, child, or member of the household of such
person, when it is not feasible to substitute another representative,
attorney, or witness because of the proximity of the hearing date.
(2) Lack of notice of hearing as provided in Section 11509 of the
Government Code.
(3) A material change in the status of the case where a change in
the parties or pleadings requires postponement, or an executed
settlement or stipulated findings of fact obviate the need for
hearing. A partial amendment of the pleadings shall not be good cause
for continuance to the extent that the unamended portion of the
pleadings is ready to be heard.
(4) A stipulation for continuance signed by all parties or their
authorized representatives, including, but not limited to, a
representative, which is communicated with the request for
continuance to the administrative law judge no later than 25 business
days before the hearing.
(5) The substitution of the representative or attorney of a party
upon showing that the substitution is required.
(6) The unavailability of a party, representative, or attorney of
a party, or witness to an essential fact due to a conflicting and
required appearance in a judicial matter if when the hearing date was
set, the person did not know and could neither anticipate nor at any
time avoid the conflict, and the conflict with request for
continuance is immediately communicated to the administrative law
judge.
(7) The unavailability of a party, a representative or attorney of
a party, or a material witness due to an unavoidable emergency.
(8) Failure by a party to comply with a timely discovery request
if the continuance request is made by the party who requested the
discovery.
1551.1. (a) The administrative law judge conducting a hearing under
this article may permit the testimony of a child witness, or a
similarly vulnerable witness, including a witness who is
developmentally disabled, to be taken outside the presence of the
respondent or respondents if all of the following conditions exist:
(1) The administrative law judge determines that taking the
witness's testimony outside the presence of the respondent or
respondents is necessary to ensure truthful testimony.
(2) The witness is likely to be intimidated by the presence of the
respondent or respondents.
(3) The witness is afraid to testify in front of the respondent or
respondents.
(b) If the testimony of the witness is taken outside of the
presence of the respondent or respondents, the department shall
provide for the use of one-way closed-circuit television so the
respondent or respondents can observe the testimony of the witness.
Nothing in this section shall limit a respondent's right of
cross-examination.
(c) The administrative law judge conducting a hearing under this
section may clear the hearing room of any persons who are not a party
to the action in order to protect any witness from intimidation or
other harm, taking into account the rights of all persons.
1551.2. (a) (1) An out-of-court statement made by a minor under 12
years of age who is the subject or victim of an allegation at issue
is admissible evidence at an administrative hearing conducted
pursuant to this article. The out-of-court statement may be used to
support a finding of fact unless an objection is timely made and the
objecting party establishes that the statement is unreliable because
it was the product of fraud, deceit, or undue influence. However, the
out-of-court statement may not be the sole basis for the finding of
fact, unless the adjudicator finds that the time, content, and
circumstances of the statement provide sufficient indicia of
reliability.
(2) The proponent of the statement shall give reasonable notice to
all parties of the intended introduction of the statement at the
hearing.
(3) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed out-of-court
statement and it gives the proponent of the evidence a reasonable
period of time to prepare a response to the objection prior to the
hearing.
(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible evidence
relevant to the weight of the hearsay evidence or the credibility of
the hearsay declarant.
1551.5. In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and reasonable expenses in an amount not to exceed
the per diem allowance payable to a nonrepresented state employee on
travel status. The department may pay witness expenses in advance of
the hearing.
1553. The withdrawal of an application for a license or a special
permit after it has been filed with the state department shall not,
unless the state department consents in writing to such withdrawal,
deprive the state department of its authority to institute or
continue a proceeding against the applicant for the denial of the
license or a special permit upon any ground provided by law or to
enter an order denying the license or special permit upon any such
ground.
The suspension, expiration, or forfeiture by operation of law of a
license or a special permit issued by the state department, or its
suspension, forfeiture, or cancellation by order of the state
department or by order of a court of law, or its surrender without
the written consent of the state department, shall not deprive the
state department of its authority to institute or continue a
disciplinary proceeding against the licensee or holder of a special
permit upon any ground provided by law or to enter an order
suspending or revoking the license or special permit or otherwise
taking disciplinary action against the licensee or holder of a
special permit on any such ground.
1554. Any license, registration, or special permit suspended
pursuant to this chapter, and any special permit revoked pursuant to
this chapter, may be reinstated pursuant to the provisions of Section
11522 of the Government Code.
1555. Whenever a license, registration, or special permit issued
under this chapter for a community care facility is suspended,
revoked, temporarily suspended, forfeited, canceled, or expires, the
department shall provide written notice of that occurrence within 10
days to the local director of social services and the probation
officer of the county in which the community care facility is
located.
1556. (a) If the director determines that it is necessary to
temporarily suspend any license or special permit of a community care
facility in order to protect the residents or clients of the
facility from physical or mental abuse, abandonment, or any other
substantial threat to health or safety, the department shall make
every effort to minimize transfer trauma for the residents or
clients.
(b) The department shall contact any local agency that may have
placement or advocacy responsibility for the residents or clients of
a facility after a decision is made to temporarily suspend the
license or special permit of the facility and prior to its
implementation. The department shall work with these agencies to
locate alternative placement sites and to contact relatives
responsible for the care of these clients or residents.
(c) In any case where the department alleges that a client or
resident has a health condition or health conditions which cannot be
cared for within the limits of the license or special permit, or
requires inpatient care in a health facility licensed pursuant to
Chapter 2 (commencing with Section 1250), the department shall do all
of the following:
(1) Consult with physicians and surgeons about when the client or
resident should be removed from the facility and how transfer trauma
can be minimized.
(2) If the department temporarily suspends the license or special
permit of a facility, use physicians and surgeons or other medical
personnel deemed appropriate by the department to provide onsite
evaluation of the clients or residents.
(3) If the department does not suspend the license or special
permit of a facility, order the licensee to remove only those clients
or residents who have health conditions which cannot be cared for
within the limits of the license or special permit or require
inpatient care in a health facility licensed pursuant to Chapter 2
(commencing with Section 1250), as determined by the department, if
the department determines that other clients or residents are not in
physical danger.
(d) In any case where the department orders the licensee, or
holder of a special permit, to remove a client or resident who has a
health condition or health conditions which cannot be cared for
within the limits of the license or special permit or requires
inpatient care in a health facility licensed pursuant to Chapter 2
(commencing with Section 1250), the licensee or holder of a special
permit shall do all of the following:
(1) Prepare and submit to the department a written plan for
relocation of the client or resident, in a form acceptable to the
department.
(2) Comply with all terms and conditions of the approved
relocation plan.
(3) Provide any other information as may be required by the
department for the proper administration and enforcement of this
section.
1557.5. Each facility required to be licensed pursuant to this
chapter shall keep a current record of clients in the facility,
including the client's name and ambulatory status, and the name,
address, and telephone number of the client's physician and of any
person or agency responsible for the care of the client. The facility
shall protect the privacy and confidentiality of this information.
1557.5. Each facility required to be licensed shall keep a current
record of all of the following:
(a) Clients in the facility, including each client's name and
ambulatory status.
(b) The name, address, and telephone number of each client's
physician.
(c) The name, address, and telephone number of any person or
agency responsible for the care of a client.
The facility shall respect the privacy and confidentiality of this
information.
1550. The department may deny an application for, or suspend or
revoke, any license, or any administrator certificate, issued under
this chapter upon any of the following grounds and in the manner
provided in this chapter, or may deny a transfer of a license
pursuant to paragraph (2) of subdivision (b) of Section 1524 for any
of the following grounds:
(a) Violation by the licensee or holder of a special permit of
this chapter or of the rules and regulations promulgated under this
chapter.
(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations promulgated under this chapter.
(c) 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.
(d) The conviction of a licensee, or other person mentioned in
Section 1522, at any time before or during licensure, of a crime as
defined in Section 1522.
(e) The licensee of any facility or the person providing direct
care or supervision knowingly allows any child to have illegal drugs
or alcohol.
(f) 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.
1550.5. The director may temporarily suspend any license prior to
any hearing when, in the opinion of the director, the action is
urgent to protect residents or clients of the facility from physical
or mental abuse, abandonment, or any other substantial threat to
health or safety. The director shall serve the licensee with the
temporary suspension order, a copy of available discovery and other
relevant evidence in the possession of the department, including, but
not limited to, affidavits, declarations, and any other evidence
upon which the director relied in issuing the temporary suspension
order, the names of the department's witnesses, and the effective
date of the temporary suspension and at the same time shall serve the
licensee with an accusation.
(a) (1) The department shall notify the licensee, upon service of
an order of temporary license suspension, of the licensee's right to
an interim hearing on the order. The department shall also provide
the licensee with a form and appropriate information for the licensee'
s use in requesting an interim hearing. The department shall also
notify the licensee, upon service, of the licensee's independent
right to seek review of the order by the superior court pursuant to
Section 1085 of the Code of Civil Procedure.
(2) (A) The licensee may request an interim hearing by mailing or
delivering a written request to the Office of Administrative
Hearings. The licensee shall mail or deliver the request to the
address or location specified on the request form served with the
order. The licensee shall mail or deliver the request within five
days after service of the order. Upon receipt of a timely request for
an interim hearing, the Office of Administrative Hearings shall set
a hearing date and time which shall be within 10 working days of the
office's receipt of the request. The Office of Administrative
Hearings shall promptly notify the licensee of the date, time, and
place of the hearing. The licensee's request for an interim hearing
shall not stay the operation of the order.
(B) Nothing in this section precludes a licensee from proceeding
directly to a full evidentiary hearing or from seeking review of the
temporary suspension order by the superior court without first
requesting an interim hearing. Nothing in this section requires
resolution of the interim hearing prior to review of the temporary
suspension order by the superior court. The relief that may be
ordered is a stay of the temporary suspension order.
(3) (A) An interim hearing shall be held before an administrative
law judge of the Office of Administrative Hearings. The interim
hearing shall be held at the regional office of the Office of
Administrative Hearings having jurisdiction over the location of the
facility.
(B) For purposes of the interim hearing conducted pursuant to this
section, the licensee and department shall, at a minimum, have the
following rights:
(i) To be represented by counsel.
(ii) To have a record made of the proceedings, copies of which may
be obtained by the licensee upon payment of reasonable charges
associated with the record.
(iii) To present written evidence in the form of relevant
declarations, affidavits, and documents. No later than five working
days prior to the interim hearing, the department and the respondent
shall serve the opposing party, by overnight delivery or facsimile
transmission, with any additional available pertinent discovery that
the department or respondent will present at the hearing and that was
not provided to the licensee at the time the temporary suspension
order was issued. The additional discovery shall include, but not be
limited to, affidavits, declarations, and the names of witnesses who
will testify at the full evidentiary hearing. The department and the
respondent shall have a continuing obligation to exchange discovery
as described in this section, up to and including the day of the
interim hearing. There shall be no oral testimony at the interim
hearing.
(iv) In lieu of an affidavit by an alleged victim named in the
accusation, the department and the respondent shall be permitted, at
the discretion of the administrative law judge, to introduce at the
interim hearing hearsay evidence as to any statement made by the
alleged victim as if the alleged victim executed an affidavit. In
deciding whether the hearsay statement should be admitted as evidence
in the interim hearing, the administrative law judge shall consider
the circumstances that would indicate the trustworthiness of the
statement.
(v) To present oral argument.
(C) Consistent with the standards of proof applicable to a
preliminary injunction entered under Section 527 of the Code of Civil
Procedure, the administrative law judge shall vacate the temporary
suspension order where, in the exercise of discretion, the
administrative law judge concludes both of the following:
(i) There is a reasonable probability that the licensee will
prevail in the underlying action.
(ii) The likelihood of physical or mental abuse, abandonment, or
other substantial threat to the health or safety of residents or
clients in not sustaining the order does not outweigh the likelihood
of injury to the licensee in sustaining the order.
(D) The interim hearing shall be reported or recorded pursuant to
subdivision (d) of Section 11512 of the Government Code.
(4) The administrative law judge shall issue a verbal interim
decision at the conclusion of the interim hearing which sustains or
vacates the order. The administrative law judge shall issue a written
interim decision within five working days following the conclusion
of the interim hearing. The written interim decision shall include
findings of fact and a conclusion articulating the connection between
the evidence produced at the hearing and the decision reached.
(5) The interim decision shall be subject to review only pursuant
to Section 1094.5 of the Code of Civil Procedure. The department or
the licensee may file a petition for that review. A petition for
review under Section 1094.5 of the Code of Civil Procedure shall be
heard by the court within 10 days of its filing and the court shall
issue its judgment on the petition within 10 days of the conclusion
of the hearing.
(6) The department may proceed with the accusation as otherwise
provided by this section and Section 1551 notwithstanding an interim
decision by the administrative law judge that vacates the order of
temporary license suspension.
(b) Upon receipt of a notice of defense to the accusation by the
licensee, the director shall, within 15 days, set the matter for a
full evidentiary hearing, and the hearing shall be held as soon as
possible but not later than 30 days after receipt of the notice. 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, unless it is earlier vacated by interim decision of
the administrative law judge or a superior court judge. 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
original hearing has been completed.
1550.7. (a) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a temporary
suspension of a license in order to ensure that the facility is
nonoperational, unless the department previously has verified that
the facility is nonoperational.
(b) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a revocation of a
license, in order to ensure that the facility is nonoperational,
unless the department previously has verified that the facility is
nonoperational.
1551. (a) Proceedings for the suspension, revocation, or denial of
a license, registration, special permit, or any administrator
certificate under this chapter, or denial of transfer of a license
pursuant to paragraph (2) of subdivision (c) of Section 1524, shall
be conducted in accordance with 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) If the license is not temporarily suspended pursuant to
Section 1550, the hearing shall be held within 90 calendar days after
receipt of the notice of defense, unless a continuance of the
hearing is granted by the department or the administrative law judge.
When the matter has been set for hearing only the administrative law
judge may grant a continuance of the hearing. The administrative law
judge may, but need not, grant a continuance of the hearing only
upon finding the existence of one or more of the following:
(1) The death or incapacitating illness of a party, a
representative or attorney of a party, a witness to an essential
fact, or of the parent, child, or member of the household of such
person, when it is not feasible to substitute another representative,
attorney, or witness because of the proximity of the hearing date.
(2) Lack of notice of hearing as provided in Section 11509 of the
Government Code.
(3) A material change in the status of the case where a change in
the parties or pleadings requires postponement, or an executed
settlement or stipulated findings of fact obviate the need for
hearing. A partial amendment of the pleadings shall not be good cause
for continuance to the extent that the unamended portion of the
pleadings is ready to be heard.
(4) A stipulation for continuance signed by all parties or their
authorized representatives, including, but not limited to, a
representative, which is communicated with the request for
continuance to the administrative law judge no later than 25 business
days before the hearing.
(5) The substitution of the representative or attorney of a party
upon showing that the substitution is required.
(6) The unavailability of a party, representative, or attorney of
a party, or witness to an essential fact due to a conflicting and
required appearance in a judicial matter if when the hearing date was
set, the person did not know and could neither anticipate nor at any
time avoid the conflict, and the conflict with request for
continuance is immediately communicated to the administrative law
judge.
(7) The unavailability of a party, a representative or attorney of
a party, or a material witness due to an unavoidable emergency.
(8) Failure by a party to comply with a timely discovery request
if the continuance request is made by the party who requested the
discovery.
1551.1. (a) The administrative law judge conducting a hearing under
this article may permit the testimony of a child witness, or a
similarly vulnerable witness, including a witness who is
developmentally disabled, to be taken outside the presence of the
respondent or respondents if all of the following conditions exist:
(1) The administrative law judge determines that taking the
witness's testimony outside the presence of the respondent or
respondents is necessary to ensure truthful testimony.
(2) The witness is likely to be intimidated by the presence of the
respondent or respondents.
(3) The witness is afraid to testify in front of the respondent or
respondents.
(b) If the testimony of the witness is taken outside of the
presence of the respondent or respondents, the department shall
provide for the use of one-way closed-circuit television so the
respondent or respondents can observe the testimony of the witness.
Nothing in this section shall limit a respondent's right of
cross-examination.
(c) The administrative law judge conducting a hearing under this
section may clear the hearing room of any persons who are not a party
to the action in order to protect any witness from intimidation or
other harm, taking into account the rights of all persons.
1551.2. (a) (1) An out-of-court statement made by a minor under 12
years of age who is the subject or victim of an allegation at issue
is admissible evidence at an administrative hearing conducted
pursuant to this article. The out-of-court statement may be used to
support a finding of fact unless an objection is timely made and the
objecting party establishes that the statement is unreliable because
it was the product of fraud, deceit, or undue influence. However, the
out-of-court statement may not be the sole basis for the finding of
fact, unless the adjudicator finds that the time, content, and
circumstances of the statement provide sufficient indicia of
reliability.
(2) The proponent of the statement shall give reasonable notice to
all parties of the intended introduction of the statement at the
hearing.
(3) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed out-of-court
statement and it gives the proponent of the evidence a reasonable
period of time to prepare a response to the objection prior to the
hearing.
(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible evidence
relevant to the weight of the hearsay evidence or the credibility of
the hearsay declarant.
1551.5. In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and reasonable expenses in an amount not to exceed
the per diem allowance payable to a nonrepresented state employee on
travel status. The department may pay witness expenses in advance of
the hearing.
1553. The withdrawal of an application for a license or a special
permit after it has been filed with the state department shall not,
unless the state department consents in writing to such withdrawal,
deprive the state department of its authority to institute or
continue a proceeding against the applicant for the denial of the
license or a special permit upon any ground provided by law or to
enter an order denying the license or special permit upon any such
ground.
The suspension, expiration, or forfeiture by operation of law of a
license or a special permit issued by the state department, or its
suspension, forfeiture, or cancellation by order of the state
department or by order of a court of law, or its surrender without
the written consent of the state department, shall not deprive the
state department of its authority to institute or continue a
disciplinary proceeding against the licensee or holder of a special
permit upon any ground provided by law or to enter an order
suspending or revoking the license or special permit or otherwise
taking disciplinary action against the licensee or holder of a
special permit on any such ground.
1554. Any license, registration, or special permit suspended
pursuant to this chapter, and any special permit revoked pursuant to
this chapter, may be reinstated pursuant to the provisions of Section
11522 of the Government Code.
1555. Whenever a license, registration, or special permit issued
under this chapter for a community care facility is suspended,
revoked, temporarily suspended, forfeited, canceled, or expires, the
department shall provide written notice of that occurrence within 10
days to the local director of social services and the probation
officer of the county in which the community care facility is
located.
1556. (a) If the director determines that it is necessary to
temporarily suspend any license or special permit of a community care
facility in order to protect the residents or clients of the
facility from physical or mental abuse, abandonment, or any other
substantial threat to health or safety, the department shall make
every effort to minimize transfer trauma for the residents or
clients.
(b) The department shall contact any local agency that may have
placement or advocacy responsibility for the residents or clients of
a facility after a decision is made to temporarily suspend the
license or special permit of the facility and prior to its
implementation. The department shall work with these agencies to
locate alternative placement sites and to contact relatives
responsible for the care of these clients or residents.
(c) In any case where the department alleges that a client or
resident has a health condition or health conditions which cannot be
cared for within the limits of the license or special permit, or
requires inpatient care in a health facility licensed pursuant to
Chapter 2 (commencing with Section 1250), the department shall do all
of the following:
(1) Consult with physicians and surgeons about when the client or
resident should be removed from the facility and how transfer trauma
can be minimized.
(2) If the department temporarily suspends the license or special
permit of a facility, use physicians and surgeons or other medical
personnel deemed appropriate by the department to provide onsite
evaluation of the clients or residents.
(3) If the department does not suspend the license or special
permit of a facility, order the licensee to remove only those clients
or residents who have health conditions which cannot be cared for
within the limits of the license or special permit or require
inpatient care in a health facility licensed pursuant to Chapter 2
(commencing with Section 1250), as determined by the department, if
the department determines that other clients or residents are not in
physical danger.
(d) In any case where the department orders the licensee, or
holder of a special permit, to remove a client or resident who has a
health condition or health conditions which cannot be cared for
within the limits of the license or special permit or requires
inpatient care in a health facility licensed pursuant to Chapter 2
(commencing with Section 1250), the licensee or holder of a special
permit shall do all of the following:
(1) Prepare and submit to the department a written plan for
relocation of the client or resident, in a form acceptable to the
department.
(2) Comply with all terms and conditions of the approved
relocation plan.
(3) Provide any other information as may be required by the
department for the proper administration and enforcement of this
section.
1557.5. Each facility required to be licensed pursuant to this
chapter shall keep a current record of clients in the facility,
including the client's name and ambulatory status, and the name,
address, and telephone number of the client's physician and of any
person or agency responsible for the care of the client. The facility
shall protect the privacy and confidentiality of this information.
1557.5. Each facility required to be licensed shall keep a current
record of all of the following:
(a) Clients in the facility, including each client's name and
ambulatory status.
(b) The name, address, and telephone number of each client's
physician.
(c) The name, address, and telephone number of any person or
agency responsible for the care of a client.
The facility shall respect the privacy and confidentiality of this
information.
1550. The department may deny an application for, or suspend or
revoke, any license, or any administrator certificate, issued under
this chapter upon any of the following grounds and in the manner
provided in this chapter, or may deny a transfer of a license
pursuant to paragraph (2) of subdivision (b) of Section 1524 for any
of the following grounds:
(a) Violation by the licensee or holder of a special permit of
this chapter or of the rules and regulations promulgated under this
chapter.
(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations promulgated under this chapter.
(c) 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.
(d) The conviction of a licensee, or other person mentioned in
Section 1522, at any time before or during licensure, of a crime as
defined in Section 1522.
(e) The licensee of any facility or the person providing direct
care or supervision knowingly allows any child to have illegal drugs
or alcohol.
(f) 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.
1550.5. The director may temporarily suspend any license prior to
any hearing when, in the opinion of the director, the action is
urgent to protect residents or clients of the facility from physical
or mental abuse, abandonment, or any other substantial threat to
health or safety. The director shall serve the licensee with the
temporary suspension order, a copy of available discovery and other
relevant evidence in the possession of the department, including, but
not limited to, affidavits, declarations, and any other evidence
upon which the director relied in issuing the temporary suspension
order, the names of the department's witnesses, and the effective
date of the temporary suspension and at the same time shall serve the
licensee with an accusation.
(a) (1) The department shall notify the licensee, upon service of
an order of temporary license suspension, of the licensee's right to
an interim hearing on the order. The department shall also provide
the licensee with a form and appropriate information for the licensee'
s use in requesting an interim hearing. The department shall also
notify the licensee, upon service, of the licensee's independent
right to seek review of the order by the superior court pursuant to
Section 1085 of the Code of Civil Procedure.
(2) (A) The licensee may request an interim hearing by mailing or
delivering a written request to the Office of Administrative
Hearings. The licensee shall mail or deliver the request to the
address or location specified on the request form served with the
order. The licensee shall mail or deliver the request within five
days after service of the order. Upon receipt of a timely request for
an interim hearing, the Office of Administrative Hearings shall set
a hearing date and time which shall be within 10 working days of the
office's receipt of the request. The Office of Administrative
Hearings shall promptly notify the licensee of the date, time, and
place of the hearing. The licensee's request for an interim hearing
shall not stay the operation of the order.
(B) Nothing in this section precludes a licensee from proceeding
directly to a full evidentiary hearing or from seeking review of the
temporary suspension order by the superior court without first
requesting an interim hearing. Nothing in this section requires
resolution of the interim hearing prior to review of the temporary
suspension order by the superior court. The relief that may be
ordered is a stay of the temporary suspension order.
(3) (A) An interim hearing shall be held before an administrative
law judge of the Office of Administrative Hearings. The interim
hearing shall be held at the regional office of the Office of
Administrative Hearings having jurisdiction over the location of the
facility.
(B) For purposes of the interim hearing conducted pursuant to this
section, the licensee and department shall, at a minimum, have the
following rights:
(i) To be represented by counsel.
(ii) To have a record made of the proceedings, copies of which may
be obtained by the licensee upon payment of reasonable charges
associated with the record.
(iii) To present written evidence in the form of relevant
declarations, affidavits, and documents. No later than five working
days prior to the interim hearing, the department and the respondent
shall serve the opposing party, by overnight delivery or facsimile
transmission, with any additional available pertinent discovery that
the department or respondent will present at the hearing and that was
not provided to the licensee at the time the temporary suspension
order was issued. The additional discovery shall include, but not be
limited to, affidavits, declarations, and the names of witnesses who
will testify at the full evidentiary hearing. The department and the
respondent shall have a continuing obligation to exchange discovery
as described in this section, up to and including the day of the
interim hearing. There shall be no oral testimony at the interim
hearing.
(iv) In lieu of an affidavit by an alleged victim named in the
accusation, the department and the respondent shall be permitted, at
the discretion of the administrative law judge, to introduce at the
interim hearing hearsay evidence as to any statement made by the
alleged victim as if the alleged victim executed an affidavit. In
deciding whether the hearsay statement should be admitted as evidence
in the interim hearing, the administrative law judge shall consider
the circumstances that would indicate the trustworthiness of the
statement.
(v) To present oral argument.
(C) Consistent with the standards of proof applicable to a
preliminary injunction entered under Section 527 of the Code of Civil
Procedure, the administrative law judge shall vacate the temporary
suspension order where, in the exercise of discretion, the
administrative law judge concludes both of the following:
(i) There is a reasonable probability that the licensee will
prevail in the underlying action.
(ii) The likelihood of physical or mental abuse, abandonment, or
other substantial threat to the health or safety of residents or
clients in not sustaining the order does not outweigh the likelihood
of injury to the licensee in sustaining the order.
(D) The interim hearing shall be reported or recorded pursuant to
subdivision (d) of Section 11512 of the Government Code.
(4) The administrative law judge shall issue a verbal interim
decision at the conclusion of the interim hearing which sustains or
vacates the order. The administrative law judge shall issue a written
interim decision within five working days following the conclusion
of the interim hearing. The written interim decision shall include
findings of fact and a conclusion articulating the connection between
the evidence produced at the hearing and the decision reached.
(5) The interim decision shall be subject to review only pursuant
to Section 1094.5 of the Code of Civil Procedure. The department or
the licensee may file a petition for that review. A petition for
review under Section 1094.5 of the Code of Civil Procedure shall be
heard by the court within 10 days of its filing and the court shall
issue its judgment on the petition within 10 days of the conclusion
of the hearing.
(6) The department may proceed with the accusation as otherwise
provided by this section and Section 1551 notwithstanding an interim
decision by the administrative law judge that vacates the order of
temporary license suspension.
(b) Upon receipt of a notice of defense to the accusation by the
licensee, the director shall, within 15 days, set the matter for a
full evidentiary hearing, and the hearing shall be held as soon as
possible but not later than 30 days after receipt of the notice. 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, unless it is earlier vacated by interim decision of
the administrative law judge or a superior court judge. 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
original hearing has been completed.
1550.7. (a) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a temporary
suspension of a license in order to ensure that the facility is
nonoperational, unless the department previously has verified that
the facility is nonoperational.
(b) The department shall conduct an unannounced visit to a
facility within 30 days after the effective date of a revocation of a
license, in order to ensure that the facility is nonoperational,
unless the department previously has verified that the facility is
nonoperational.
1551. (a) Proceedings for the suspension, revocation, or denial of
a license, registration, special permit, or any administrator
certificate under this chapter, or denial of transfer of a license
pursuant to paragraph (2) of subdivision (c) of Section 1524, shall
be conducted in accordance with 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) If the license is not temporarily suspended pursuant to
Section 1550, the hearing shall be held within 90 calendar days after
receipt of the notice of defense, unless a continuance of the
hearing is granted by the department or the administrative law judge.
When the matter has been set for hearing only the administrative law
judge may grant a continuance of the hearing. The administrative law
judge may, but need not, grant a continuance of the hearing only
upon finding the existence of one or more of the following:
(1) The death or incapacitating illness of a party, a
representative or attorney of a party, a witness to an essential
fact, or of the parent, child, or member of the household of such
person, when it is not feasible to substitute another representative,
attorney, or witness because of the proximity of the hearing date.
(2) Lack of notice of hearing as provided in Section 11509 of the
Government Code.
(3) A material change in the status of the case where a change in
the parties or pleadings requires postponement, or an executed
settlement or stipulated findings of fact obviate the need for
hearing. A partial amendment of the pleadings shall not be good cause
for continuance to the extent that the unamended portion of the
pleadings is ready to be heard.
(4) A stipulation for continuance signed by all parties or their
authorized representatives, including, but not limited to, a
representative, which is communicated with the request for
continuance to the administrative law judge no later than 25 business
days before the hearing.
(5) The substitution of the representative or attorney of a party
upon showing that the substitution is required.
(6) The unavailability of a party, representative, or attorney of
a party, or witness to an essential fact due to a conflicting and
required appearance in a judicial matter if when the hearing date was
set, the person did not know and could neither anticipate nor at any
time avoid the conflict, and the conflict with request for
continuance is immediately communicated to the administrative law
judge.
(7) The unavailability of a party, a representative or attorney of
a party, or a material witness due to an unavoidable emergency.
(8) Failure by a party to comply with a timely discovery request
if the continuance request is made by the party who requested the
discovery.
1551.1. (a) The administrative law judge conducting a hearing under
this article may permit the testimony of a child witness, or a
similarly vulnerable witness, including a witness who is
developmentally disabled, to be taken outside the presence of the
respondent or respondents if all of the following conditions exist:
(1) The administrative law judge determines that taking the
witness's testimony outside the presence of the respondent or
respondents is necessary to ensure truthful testimony.
(2) The witness is likely to be intimidated by the presence of the
respondent or respondents.
(3) The witness is afraid to testify in front of the respondent or
respondents.
(b) If the testimony of the witness is taken outside of the
presence of the respondent or respondents, the department shall
provide for the use of one-way closed-circuit television so the
respondent or respondents can observe the testimony of the witness.
Nothing in this section shall limit a respondent's right of
cross-examination.
(c) The administrative law judge conducting a hearing under this
section may clear the hearing room of any persons who are not a party
to the action in order to protect any witness from intimidation or
other harm, taking into account the rights of all persons.
1551.2. (a) (1) An out-of-court statement made by a minor under 12
years of age who is the subject or victim of an allegation at issue
is admissible evidence at an administrative hearing conducted
pursuant to this article. The out-of-court statement may be used to
support a finding of fact unless an objection is timely made and the
objecting party establishes that the statement is unreliable because
it was the product of fraud, deceit, or undue influence. However, the
out-of-court statement may not be the sole basis for the finding of
fact, unless the adjudicator finds that the time, content, and
circumstances of the statement provide sufficient indicia of
reliability.
(2) The proponent of the statement shall give reasonable notice to
all parties of the intended introduction of the statement at the
hearing.
(3) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed out-of-court
statement and it gives the proponent of the evidence a reasonable
period of time to prepare a response to the objection prior to the
hearing.
(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible evidence
relevant to the weight of the hearsay evidence or the credibility of
the hearsay declarant.
1551.5. In addition to the witness fees and mileage provided by
Section 11450.40 of the Government Code, the department may pay
actual, necessary, and reasonable expenses in an amount not to exceed
the per diem allowance payable to a nonrepresented state employee on
travel status. The department may pay witness expenses in advance of
the hearing.
1553. The withdrawal of an application for a license or a special
permit after it has been filed with the state department shall not,
unless the state department consents in writing to such withdrawal,
deprive the state department of its authority to institute or
continue a proceeding against the applicant for the denial of the
license or a special permit upon any ground provided by law or to
enter an order denying the license or special permit upon any such
ground.
The suspension, expiration, or forfeiture by operation of law of a
license or a special permit issued by the state department, or its
suspension, forfeiture, or cancellation by order of the state
department or by order of a court of law, or its surrender without
the written consent of the state department, shall not deprive the
state department of its authority to institute or continue a
disciplinary proceeding against the licensee or holder of a special
permit upon any ground provided by law or to enter an order
suspending or revoking the license or special permit or otherwise
taking disciplinary action against the licensee or holder of a
special permit on any such ground.
1554. Any license, registration, or special permit suspended
pursuant to this chapter, and any special permit revoked pursuant to
this chapter, may be reinstated pursuant to the provisions of Section
11522 of the Government Code.
1555. Whenever a license, registration, or special permit issued
under this chapter for a community care facility is suspended,
revoked, temporarily suspended, forfeited, canceled, or expires, the
department shall provide written notice of that occurrence within 10
days to the local director of social services and the probation
officer of the county in which the community care facility is
located.
1556. (a) If the director determines that it is necessary to
temporarily suspend any license or special permit of a community care
facility in order to protect the residents or clients of the
facility from physical or mental abuse, abandonment, or any other
substantial threat to health or safety, the department shall make
every effort to minimize transfer trauma for the residents or
clients.
(b) The department shall contact any local agency that may have
placement or advocacy responsibility for the residents or clients of
a facility after a decision is made to temporarily suspend the
license or special permit of the facility and prior to its
implementation. The department shall work with these agencies to
locate alternative placement sites and to contact relatives
responsible for the care of these clients or residents.
(c) In any case where the department alleges that a client or
resident has a health condition or health conditions which cannot be
cared for within the limits of the license or special permit, or
requires inpatient care in a health facility licensed pursuant to
Chapter 2 (commencing with Section 1250), the department shall do all
of the following:
(1) Consult with physicians and surgeons about when the client or
resident should be removed from the facility and how transfer trauma
can be minimized.
(2) If the department temporarily suspends the license or special
permit of a facility, use physicians and surgeons or other medical
personnel deemed appropriate by the department to provide onsite
evaluation of the clients or residents.
(3) If the department does not suspend the license or special
permit of a facility, order the licensee to remove only those clients
or residents who have health conditions which cannot be cared for
within the limits of the license or special permit or require
inpatient care in a health facility licensed pursuant to Chapter 2
(commencing with Section 1250), as determined by the department, if
the department determines that other clients or residents are not in
physical danger.
(d) In any case where the department orders the licensee, or
holder of a special permit, to remove a client or resident who has a
health condition or health conditions which cannot be cared for
within the limits of the license or special permit or requires
inpatient care in a health facility licensed pursuant to Chapter 2
(commencing with Section 1250), the licensee or holder of a special
permit shall do all of the following:
(1) Prepare and submit to the department a written plan for
relocation of the client or resident, in a form acceptable to the
department.
(2) Comply with all terms and conditions of the approved
relocation plan.
(3) Provide any other information as may be required by the
department for the proper administration and enforcement of this
section.
1557.5. Each facility required to be licensed pursuant to this
chapter shall keep a current record of clients in the facility,
including the client's name and ambulatory status, and the name,
address, and telephone number of the client's physician and of any
person or agency responsible for the care of the client. The facility
shall protect the privacy and confidentiality of this information.
1557.5. Each facility required to be licensed shall keep a current
record of all of the following:
(a) Clients in the facility, including each client's name and
ambulatory status.
(b) The name, address, and telephone number of each client's
physician.
(c) The name, address, and telephone number of any person or
agency responsible for the care of a client.
The facility shall respect the privacy and confidentiality of this
information.
