reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 1569.405 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.405.

1569.405.  Upon a finding by the licensing authority that a facility is in operation without a license, a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may enforce Section 1569.10 by utilizing the procedures set forth in Chapter 5 (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. A facility violating Section 1569.10 is guilty of an infraction punishable by a fine of two hundred dollars ($200) for each day of violation. Upon a determination that a residential care facility for the elderly is in violation of Section 1569.10, and after a citation has been issued, the peace officer shall immediately notify the licensing authority in the department.(Added by Stats. 1987, Ch. 856, Sec. 2.)
CA Health & Safety Code § 1569.406 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.406.

1569.406.  Any person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent, or resident of a residential care facility for the elderly of an impending and unannounced site visit to that facility by personnel of the department, except for a site visit prior to licensing the facility, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), by imprisonment in the county jail for a period not to exceed 180 days, or by both a fine and imprisonment.(Amended by Stats. 1991, Ch. 888, Sec. 9.)
CA Health & Safety Code § 1569.41 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.41.

1569.41.  The director may bring an action to enjoin the violation or threatened violation of Section 1569.10 or 1569.44, or both, in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. Upon a finding by the director that the violations threaten the health or safety of persons in, or served by, a residential care facility for the elderly, the agency contracted with pursuant to Section 1569.13 may bring an action to enjoin the violation, threatened violation, or continued violation by any residential care facility for the elderly which is located in an area for which it is responsible pursuant to the terms of the contract.With respect to any and all actions brought pursuant to this section alleging actual violation of Section 1569.10 or 1569.44, or both, the court shall, if it finds the allegations to be true, issue its order enjoining the residential care facility for the elderly from continuance of the violation.(Added by Stats. 1985, Ch. 1127, Sec. 3.)
CA Health & Safety Code § 1569.42 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.42.

1569.42.  Any action brought by the director against a residential care facility for the elderly shall not abate by reason of a sale or other transfer of ownership of the residential care facility for the elderly which is a party to the action except with express written consent of the director.(Added by Stats. 1985, Ch. 1127, Sec. 3.)
CA Health & Safety Code § 1569.43 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.43.

1569.43.  Notwithstanding any other provisions of this chapter, the district attorney of every county, and city attorneys in those cities which have city attorneys which prosecute misdemeanors pursuant to Section 72193 of the Government Code, shall, upon their own initiative or upon application by the state department or its authorized representative, institute and conduct the prosecution of any action for violation of this chapter within his or her jurisdiction.(Amended by Stats. 2002, Ch. 784, Sec. 515. Effective January 1, 2003.)
CA Health & Safety Code § 1569.44 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.44.

1569.44.  (a)  A facility shall be deemed to be an “unlicensed residential care facility for the elderly” and “maintained and operated to provide residential care” if it is unlicensed and not exempt from licensure, and any one of the following conditions is satisfied: (1)  The facility is providing care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (2)  The facility is held out as, or represented as, providing care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (3)  The facility accepts or retains residents who demonstrate the need for care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (4)  The facility represents itself as a licensed residential facility for the elderly. (b)  No unlicensed residential facility for the elderly, as defined in subdivision (a), shall operate in this state. (c)  Upon discovery of an unlicensed residential care facility for the elderly, the department shall refer residents to the appropriate placement or adult protective services agency or the appropriate local or state long-term care ombudsman, if either of the following conditions exist: (1)  There is an immediate threat to the clients’ health and safety. (2)  The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license. (Amended by Stats. 1989, Ch. 1115, Sec. 16.)
CA Health & Safety Code § 1569.45 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.45.

1569.45.  A facility shall be licensed as a residential care facility for the elderly if it offers care and supervision, as defined, to its residents. Every residential care facility for the elderly in this state shall be licensed under this chapter.(Added by Stats. 1985, Ch. 1127, Sec. 3.)
CA Health & Safety Code § 1569.46 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.46.

1569.46.  Operation of an unlicensed facility shall be an act of unfair competition and an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of the Business and Professions Code.(Added by Stats. 1989, Ch. 1115, Sec. 17.)
CA Health & Safety Code § 1569.47 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.47.

1569.47.  (a)  “Placement agency” means any county welfare department, county social service department, county mental health department, county public guardian, general acute care hospital discharge planner or coordinator, state-funded program or private agency providing placement or referral services, conservator pursuant to Part 3 (commencing with Section 1800) of Division 4 of the Probate Code, conservator pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, and regional center for persons with developmental disabilities which is engaged in finding homes or other places for the placement of elderly persons for temporary or permanent care. (b)  A placement agency shall not place individuals in licensed residential care facilities for the elderly when the individual, because of his or her health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. Violation of this subdivision is a misdemeanor. (c)  A placement agency or employee of a placement agency shall not place, refer, or recommend placement of a person in a facility providing care and supervision, or protective supervision, unless the facility is licensed as a residential care facility for the elderly or is exempt from licensing under Section 1569.145. Violation of this subdivision is a misdemeanor. (d)  Any employee of a placement agency who knows, or reasonably suspects, that a facility which is not exempt from licensing is operating without a license shall report the name and address of the facility to the department. Failure to report as required by this subdivision is a misdemeanor. (e)  The department shall investigate any report filed under subdivision (d). If the department has probable cause to believe that the facility which is the subject of the report is operating without a license, the department shall investigate the facility within 10 days after receipt of the report. (f)  A placement agency shall notify the appropriate licensing agency of any known or suspected incidents which would jeopardize the health or safety of residents in a residential care facility for the elderly. Reportable incidents include, but are not limited to, all of the following: (1)  Incidents of physical abuse. (2)  Any violation of personal rights. (3)  Any situation in which a facility is unclean, unsafe, unsanitary, or in poor condition. (4)  Any situation in which a facility has insufficient personnel or incompetent personnel on duty. (5)  Any situation in which residents experience mental or verbal abuse. (Amended by Stats. 1991, Ch. 888, Sec. 10.)
CA Health & Safety Code § 1569.48 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.48.

1569.48.  An emergency resident contingency account may be established within the Technical Assistance Fund established under Section 1523.2 to which not more than 50 percent of each penalty assessed pursuant to Section 1569.49 is deposited for use by the Community Care Licensing Division of the department, at the discretion of the director, for the relocation and care of residents when a facility’s license is revoked or temporarily suspended. The money in the account shall cover costs, including, but not limited to, transportation expenses, expenses incurred in notifying family members, and any other costs directly associated with providing continuous care and supervision to the residents. The department shall seek the input of stakeholders and local agencies in developing policies for emergency resident care and supervision.(Amended by Stats. 2014, Ch. 29, Sec. 23. (SB 855) Effective June 20, 2014.)
CA Health & Safety Code § 1569.485 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.485.

1569.485.  (a)  Notwithstanding any other provision of this chapter, any person who violates Section 1569.10 or 1569.44, or both, shall be assessed by the department an immediate civil penalty in the amount of one hundred dollars ($100) per resident for each day of the violation, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department. (b)  The civil penalty authorized in subdivision (a) shall be doubled if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department. (c)  An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure. (Amended by Stats. 1990, Ch. 1488, Sec. 2.)
CA Health & Safety Code § 1569.495 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 4 - Offenses|Section 1569.495.

1569.495.  The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any combination deemed advisable by the state department to enforce this chapter.(Added by Stats. 1985, Ch. 1127, Sec. 3.)
CA Health & Safety Code § 1569.510 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 5 - Suspension and Revocation|Section 1569.510.

1569.510.  (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.(Added by Stats. 2008, Ch. 291, Sec. 17. Effective September 25, 2008.)
CA Health & Safety Code § 1569.511 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 5 - Suspension and Revocation|Section 1569.511.

1569.511.  (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. (Added by Stats. 1994, Ch. 1267, Sec. 7. Effective January 1, 1995.)
CA Health & Safety Code § 1569.512 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 5 - Suspension and Revocation|Section 1569.512.

1569.512.  (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. (Added by Stats. 2002, Ch. 707, Sec. 3. Effective January 1, 2003.)
CA Health & Safety Code § 1569.515 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 5 - Suspension and Revocation|Section 1569.515.

1569.515.  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 pursuant to this section in advance of the hearing.(Amended by Stats. 1995, Ch. 938, Sec. 62. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
CA Health & Safety Code § 1569.52 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 5 - Suspension and Revocation|Section 1569.52.

1569.52.  The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to such withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any such ground.The suspension, expiration, or forfeiture by operation of law of a license issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground.(Added by Stats. 1985, Ch. 1127, Sec. 3.)
CA Health & Safety Code § 1569.53 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 5 - Suspension and Revocation|Section 1569.53.

1569.53.  Any license suspended or revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code.Whenever a license issued under this chapter for a residential care facility for the elderly is suspended, revoked, temporarily suspended, forfeited, canceled, or expires, the department shall provide written notice of the occurrence within 10 days to the local director of social services in the county in which the facility is located.(Added by Stats. 1985, Ch. 1127, Sec. 3.)
CA Health & Safety Code § 1569.545 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 5 - Suspension and Revocation|Section 1569.545.

1569.545.  (a) For purposes of this section, “suspension of new admissions” means a prohibition on admitting new residents to receive care or services in the facility.(b) The department may order a suspension of new admissions for a facility in either of the following circumstances:(1) The department finds that the facility has violated this chapter or any applicable regulations, the violation presents a direct and immediate risk to the health, safety, or personal rights of a resident or residents of the facility, and the violation is not corrected immediately.(2) The facility has failed to pay a fine assessed by the department after the facility’s appeal rights have been exhausted.(c) A suspension of new admissions for a failure to pay a fine, as described in paragraph (2) of subdivision (b), shall remain in effect until the facility pays the fine assessed by the department.(d) A suspension of new admissions under paragraph (1) of subdivision (b) shall remain in effect until the department determines that the facility has corrected the violation. The department shall conduct a followup visit to determine compliance within 10 working days following the latest date of correction specified in the notice of deficiency, unless the licensee has demonstrated that the deficiency was corrected as required in the notice. The department may make unannounced visits after the suspension of new admissions is lifted to ensure that the facility continues to maintain correction of the violation. The department may order another suspension of new admissions or take other appropriate enforcement action if the facility does not maintain correction of the violation.(e) A licensee may appeal a suspension of new admissions ordered under this section to the director. The department shall adopt regulations that specify the appeal procedure.(f) A suspension of new admissions ordered under this section shall not be stayed pending the facility’s appeal or request for review.(Added by Stats. 2014, Ch. 706, Sec. 1. (SB 1153) Effective January 1, 2015.)
CA Health & Safety Code § 1569.595 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 3.2 - Residential Care Facilities for the Elderly|ARTICLE 5.5 - Employee Actions|Section 1569.595.

1569.595.  The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility upon the licensee or a person subject to immediate removal or exclusion from the facility pursuant to paragraph (3) of subdivision (c) of Section 1569.17 and subdivision (c) of Section 1569.58 in order to ensure that the excluded person is not within the facility, unless the department previously has verified that the excluded person is not within the facility.(Added by Stats. 2008, Ch. 291, Sec. 18. Effective September 25, 2008.)