reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 1793.21 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 7 - Offenses and Penalties|Section 1793.21.

1793.21.  The department, in its discretion, may condition, suspend, or revoke any permit to accept deposits, provisional certificate of authority, or certificate of authority issued under this chapter if it finds that the applicant or provider has done any of the following:(a)  Violated this chapter or the rules and regulations adopted under this chapter. (b)  Aided, abetted, or permitted the violation of this chapter or the rules and regulations adopted under this chapter. (c)  Had a license suspended or revoked pursuant to the licensing provisions of Chapter 2 (commencing with Section 1250) or Chapter 3.2 (commencing with Section 1569). (d)  Made a material misstatement, misrepresentation, or fraud in obtaining the permit to accept deposits, provisional certificate of authority, or certificate of authority. (e)  Demonstrated a lack of fitness or trustworthiness. (f)  Engaged in any fraudulent or dishonest practices of management in the conduct of business. (g)  Misappropriated, converted, or withheld moneys. (h)  After request by the department for an examination, access to records, or information, refused to be examined or to produce its accounts, records, and files for examination, or refused to give information with respect to its affairs, or refused to perform any other legal obligations related to an examination. (i)  Manifested an unsound financial condition. (j)  Used methods and practices in the conduct of business so as to render further transactions by the provider or applicant hazardous or injurious to the public. (k)  Failed to maintain at least the minimum statutory reserves required by Section 1792.2. ( l)  Failed to maintain the reserve fund escrow account for prepaid continuing care contracts required by Section 1792. (m)  Failed to comply with the refund reserve requirements stated in Section 1793. (n)  Failed to comply with the requirements of this chapter for maintaining escrow accounts for funds. (o)  Failed to file the annual report described in Section 1790. (p)  Violated a condition on its permit to accept deposits, provisional certificate of authority, or certificate of authority. (q)  Failed to comply with its approved financial and marketing plan or to secure approval of a modified plan. (r)  Materially changed or deviated from an approved plan of operation without the prior consent of the department. (s)  Failed to fulfill his or her obligations under continuing care contracts. (t)  Made material misrepresentations to depositors, prospective residents, or residents of a continuing care retirement community. (u)  Failed to submit proposed changes to continuing care contracts prior to use, or using a continuing care contract that has not been previously approved by the department. (v)  Failed to diligently submit materials requested by the department or required by the statute. (Amended by Stats. 2000, Ch. 820, Sec. 68. Effective January 1, 2001.)
CA Health & Safety Code § 1793.23 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 7 - Offenses and Penalties|Section 1793.23.

1793.23.  (a) If the department conditions, suspends, or revokes any permit to accept deposits, provisional certificate of authority, or certificate of authority issued pursuant to this chapter, the provider shall have a right of appeal to the department. The proceedings 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 of the powers granted therein. A suspension, condition, or revocation shall remain in effect until completion of the proceedings in favor of the provider. In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be by a preponderance of the evidence.(b) The department may, upon finding of changed circumstances, remove a suspension or condition.(Amended by Stats. 2011, Ch. 32, Sec. 14. (AB 106) Effective June 29, 2011. Operative January 1, 2012, by Sec. 73 of Stats. 2011, Ch. 32.)
CA Health & Safety Code § 1793.25 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 7 - Offenses and Penalties|Section 1793.25.

1793.25.  (a)  During the period that the revocation or suspension action is pending against the permit to accept deposits, provisional certificate of authority, or certificate of authority, the provider shall not enter into any new deposit agreements or continuing care contracts. (b)  The suspension or revocation by the department, or voluntary return of the provisional certificate of authority or certificate of authority by the provider, shall not release the provider from obligations assumed at the time the continuing care contracts were executed. (Amended by Stats. 2000, Ch. 820, Sec. 70. Effective January 1, 2001.)
CA Health & Safety Code § 1793.27 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 7 - Offenses and Penalties|Section 1793.27.

1793.27.  (a)  If the department finds that any entity has violated Section 1793.5 or one or more grounds exist for conditioning, revoking, or suspending a permit to accept deposits, provisional certificate of authority, or a certificate of authority issued under this chapter, the department, in lieu of the condition, revocation, or suspension, may impose an administrative fine upon an applicant or provider in an amount not to exceed one thousand dollars ($1,000) per violation. (b)  The administrative fine shall be deposited in the Continuing Care Provider Fee Fund and shall be disbursed for the specific purposes of offsetting the costs of investigation and litigation and to compensate court-appointed administrators when continuing care retirement community assets are insufficient. (Amended by Stats. 2000, Ch. 820, Sec. 71. Effective January 1, 2001.)
CA Health & Safety Code § 1793.29 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 7 - Offenses and Penalties|Section 1793.29.

1793.29.  In the case of any violation or threatened violation of this chapter, the department may institute a proceeding or may request the Attorney General to institute a proceeding to obtain injunctive or other equitable relief in the superior court in and for the county in which the violation has occurred or will occur, or in which the principal place of business of the provider is located. The proceeding under this section shall conform with the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required of the department in any action commenced under this section, nor shall the department be required to allege facts necessary to show lack of adequate remedy at law, or to show irreparable loss or damage.(Amended by Stats. 2000, Ch. 820, Sec. 72. Effective January 1, 2001.)
CA Health & Safety Code § 1793.31 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 7 - Offenses and Penalties|Section 1793.31.

1793.31.  (a)  The district attorney of every county may, upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation of this chapter within his or her county. (b)  This chapter shall not limit or qualify the powers of the district attorney to institute and conduct the prosecution of any action brought for the violation within his or her county of this chapter or any other provision of law, including, but not limited to, actions for fraud or misrepresentation. (c)  The department shall provide access to any records in its control on request of a district attorney and shall cooperate in any investigation by a district attorney. (Amended by Stats. 1995, Ch. 920, Sec. 64. Effective January 1, 1996.)
CA Health & Safety Code § 1793.52 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 8 - Appointment of Administrators|Section 1793.52.

1793.52.  The court-appointed administrator shall immediately notify the residents of that appointment and of the status of the continuing care retirement community management.(Amended by Stats. 1995, Ch. 920, Sec. 66. Effective January 1, 1996.)
CA Health & Safety Code § 1793.54 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 8 - Appointment of Administrators|Section 1793.54.

1793.54.  If an administrator is appointed to rehabilitate a provider, the administrator may do any of the following:(a)  Take possession of and preserve, protect and recover any assets, books, records, or property of the provider, including, but not limited to, claims or causes of action belonging to, or which may be asserted by, the provider. (b)  Deal with the property in the administrator’s name in the capacity as administrator, and purchase at any sale any real estate or other asset upon which the provider may hold any lien or encumbrance or in which the provider may have an interest. (c)  File, prosecute, and defend or compromise any suit or suits which have been filed, or which may thereafter be filed, by or against the provider as necessary to protect the provider or the residents or any property affected thereby. (d)  Deposit and invest any of the provider’s available funds. (e)  Pay all expenses of the rehabilitation. (f)  Perform all duties of the provider in the provision of care and services to residents in the continuing care retirement community at the time the administrator takes possession. (g)  Facilitate the orderly transfer of residents should the provider ultimately fail. (h)  Exercise any other powers and duties as may be authorized by law or provided by order of the court. (Amended by Stats. 1995, Ch. 920, Sec. 67. Effective January 1, 1996.)
CA Health & Safety Code § 1793.56 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 8 - Appointment of Administrators|Section 1793.56.

1793.56.  (a)  The appointed administrator is entitled to reasonable compensation. (b)  The costs compensating the administrator may be charged against the assets of the provider. When the provider’s assets and assets from the continuing care retirement community are insufficient, the department, in its discretion, may compensate the administrator from the Continuing Care Provider Fee Fund. (c)  Any individual appointed administrator, pursuant to Section 1793.50, shall be held harmless for any negligence in the performance of his or her duties and the provider shall indemnify the administrator for all costs of defending actions brought against him or her in his or her capacity as administrator. (Amended by Stats. 2000, Ch. 820, Sec. 74. Effective January 1, 2001.)
CA Health & Safety Code § 1793.58 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 8 - Appointment of Administrators|Section 1793.58.

1793.58.  (a)  The department, administrator, or any interested person, upon due notice to the administrator, at any time, may apply to the court for an order terminating the rehabilitation proceedings and permitting the provider to resume possession of the provider’s property and the conduct of the provider’s business. (b)  The court shall not issue the order requested pursuant to subdivision (a) unless, after a full hearing, the court has determined that the purposes of the proceeding have been fully and successfully accomplished and that the continuing care retirement community can be returned to the provider’s management without further jeopardy to the residents of the continuing care retirement community, creditors, owners of the continuing care retirement community, and to the public. (c)  Before issuing any order terminating the rehabilitation proceeding the court shall consider a full report and accounting by the administrator regarding the provider’s affairs, including the conduct of the provider’s officers, employees, and business during the rehabilitation and the provider’s current financial condition. (d)  Upon issuance of an order terminating the rehabilitation, the department shall reinstate the provisional certificate of authority or certificate of authority. The department may condition, suspend, or revoke the reinstated certificate only upon a change in the conditions existing at the time of the order or upon the discovery of facts which the department determines would have resulted in a denial of the request for an order terminating the rehabilitation had the court been aware of these facts. (Amended by Stats. 2000, Ch. 820, Sec. 75. Effective January 1, 2001.)
CA Health & Safety Code § 1793.60 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 8 - Appointment of Administrators|Section 1793.60.

1793.60.  (a) If at any time the department determines that further efforts to rehabilitate the provider would not be in the best interest of the residents or prospective residents, or would not be economically feasible, the department may apply to the court for an order of liquidation and dissolution or may apply for other appropriate relief for dissolving the property and bringing to conclusion its business affairs.(b) Upon issuance of an order directing the liquidation or dissolution of the provider, the department shall revoke the provider’s provisional certificate of authority or certificate of authority.(Amended by Stats. 2011, Ch. 32, Sec. 16. (AB 106) Effective June 29, 2011. Operative January 1, 2012, by Sec. 73 of Stats. 2011, Ch. 32.)
CA Health & Safety Code § 1793.62 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 8 - Appointment of Administrators|Section 1793.62.

1793.62.  (a) The department, administrator, or any interested person, upon due notice to the parties, may petition the court for an order terminating the rehabilitation proceedings when the rehabilitation efforts have not been successful, the continuing care retirement community has been sold at foreclosure sale, the provider is the subject of an order for relief in bankruptcy, or the provider has otherwise been shown to be unable to perform its obligations under the continuing care contracts.(b) The court shall not issue the order requested pursuant to subdivision (a) unless all of the following have occurred:(1) There has been a full hearing and the court has determined that the provider is unable to perform its contractual obligations.(2) The administrator has given the court a full and complete report and financial accounting signed by the administrator as being a full and complete report and accounting.(3) The court has determined that the residents of the continuing care retirement community have been protected to the extent possible and has made such orders in this regard as the court deems proper.(Amended by Stats. 2009, Ch. 500, Sec. 49. (AB 1059) Effective January 1, 2010.)
CA Health & Safety Code § 1793.80 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 9 - Continuing Care Retirement Community Closures|Section 1793.80.

1793.80.  (a) Notwithstanding any other provisions of law, a provider regulated under this chapter shall, no less than 120 days prior to the intended date of the permanent closure of a continuing care retirement community facility, as defined in paragraph (3) of subdivision (p) of Section 1771, provide written notice to the department and to the affected residents and their designated representatives. The notice shall contain the following statement of residents’ rights under this article, in no less than 12-point type: “This facility is planned for permanent closure on or after [state date of closure] that will require you to vacate your living unit. Residents of continuing care retirement communities in California have certain rights and continuing care community providers have certain responsibilities when a continuing care community closes. Those rights include, but are not limited to, the following: 1. Prior to closing, the provider shall provide a permanent closure plan to the Continuing Care Contracts Branch of the State Department of Social Services that describes the options available to residents for relocating to another part of the facility, or another facility or the compensation to be provided to residents. 2. No action can be taken to relocate any resident or to close the facility until the permanent closure and relocation plan has been prepared and provided to the department, the affected residents of the facility and their designated representatives, and to the local long-term care ombudsman program.” (b) Upon service of the closure notice when closure is planned for all units in a facility, the provider is prohibited from accepting new residents or entering into new continuing care contracts at the facility being closed.(Added by Stats. 2009, Ch. 442, Sec. 3. (AB 407) Effective January 1, 2010.)
CA Health & Safety Code § 1793.82 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 9 - Continuing Care Retirement Community Closures|Section 1793.82.

1793.82.  (a) In the case of a permanent closure, the provider shall offer the resident the choice of the following four options, the terms of which shall not be less than the terms of the continuing care contract entered into between the resident and the provider as if that contract had been fully performed:(1) Relocation to another continuing care facility owned or operated by the provider, if available.(2) Relocation to a continuing care facility that is not owned by the provider.(3) Monetary compensation equal to the value of the remainder of the contract as if the contract had been fully performed.(4) An alternative arrangement that is mutually agreed upon by the provider and the resident or his or her representative.(b) Replacement housing offered pursuant to paragraph (1) or (2) of subdivision (a) shall be housing that is, overall, comparable in cost, size, services, features, and amenities to the unit being vacated. If the resident chooses either of the replacement housing options in paragraph (1) or (2) of subdivision (a), the provider shall provide the reasonable costs of moving, storage, if applicable, and transportation.(c) Notwithstanding subdivision (a), for a resident under a life care contract, the provider shall secure replacement housing and care at a comparable facility for the resident at no additional cost to the resident. The replacement housing and care shall comply with subdivision (l) of Section 1771 and subdivision (b) of Section 1788.(d) The provider may provide relocation pursuant to paragraph (2) of subdivision (a) on a month-to-month basis, provided that the terms are otherwise consistent with subdivision (a). After 120 days, a resident selecting a facility not owned by the provider may not seek monetary compensation pursuant to paragraph (3) of subdivision (a).(Added by Stats. 2009, Ch. 442, Sec. 3. (AB 407) Effective January 1, 2010.)
CA Health & Safety Code § 1793.83 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 9 - Continuing Care Retirement Community Closures|Section 1793.83.

1793.83.  (a) When there is a permanent closure, as defined in paragraph (3) of subdivision (p) of Section 1771, within 30 days of submitting the relocation plan to the department, the provider shall fund a reserve, set up a trust fund, or secure a performance bond to ensure the fulfillment of the obligations and commitments associated with the relocation plan. The amount of the reserve trust fund or performance bond shall be equal to or greater than the estimated costs of relocating residents and the costs associated with the relocation options pursuant to Section 1793.81 and subdivision (a) of Section 1793.82.(b) The reserve, trust fund, or performance bond shall be funded with qualifying assets enumerated in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 1792.2 and shall not be subject to any liens, judgments, garnishments, or creditor’s claims.(Added by Stats. 2009, Ch. 442, Sec. 3. (AB 407) Effective January 1, 2010.)
CA Health & Safety Code § 1793.84 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 10 - Continuing Care Contracts|ARTICLE 9 - Continuing Care Retirement Community Closures|Section 1793.84.

1793.84.  (a) The provider shall submit monthly progress reports to the department detailing the progress and problems associated with the permanent closure, as defined in paragraph (3) of subdivision (p) of Section 1771, until all affected residents are relocated and all required payments to, or on behalf of, affected residents are made.(b) The department shall monitor the implementation of the permanent closure as defined in paragraph (3) of subdivision (p) of Section 1771 and relocation plan as necessary to ensure full compliance by the provider. If the department determines that a provider is closing a facility in violation of this article or is doing so in a manner that endangers the health or safety of residents, it shall exercise its powers under Article 7 (commencing with Section 1793.5).(c) No action shall be taken by the provider to relocate any resident or to close the facility until the relocation plan required by Section 1793.81 has been prepared and provided to the department, the affected residents of the facility and their designated representatives, and to the local long-term ombudsman program.(Added by Stats. 2009, Ch. 442, Sec. 3. (AB 407) Effective January 1, 2010.)