reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 2 - License › Section 80008 - Licensing of Integral Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon written application from the
				  licensee, the licensing agency shall have the authority to issue a single
				  license for separate buildings which might otherwise require separate licenses
				  provided that all of the following requirements are met:
(1) Separate buildings or portions of the
				  facility are integral components of a single program.
(2) All components of the program are managed
				  by the same licensee.
(3) All
				  components of the program are conducted at a single site with a common
				  address.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 2 - License › Section 80010 - Limitations on Capacity and Ambulatory Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall not operate a facility
				  beyond the conditions and limitations specified on the license, including the
				  capacity limitation.
(b) Facilities
				  or rooms approved for ambulatory clients only shall not be used by
				  nonambulatory clients.
(1) Clients whose
				  condition becomes nonambulatory shall not use rooms or areas restricted to
				  ambulatory clients.
(2) The
				  licensing agency shall have the authority to require clients who use ambulatory
				  sections of the facility to demonstrate that they are
				  ambulatory.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 2 - License › Section 80011 - Advertisements and License Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensees shall reveal each facility
				  license number in all advertisements in accordance with Health and Safety Code
				  section
				  1514.
				  Non-residential facilities shall be exempt from this requirement.
(b) Correspondence shall be considered a form
				  of advertisement if the intent is to attract clients.
(c) Licensees who operate more than one
				  facility and use a common advertisement for these facilities shall be required
				  to list each facility license number in accordance with Health and Safety Code
				  section
				  1514.
1. New
					 section filed 4-24-91; operative 5-24-91 (Register 91, No. 24).
2.
					 Amendment of subsection (a) filed 12-13-2006; operative 1-12-2007 (Register
					 2006, No. 50).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Section
						1514,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 2 - License › Section 80012 - False Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  licensee, officer, or employee of a licensee shall make or disseminate any
				  false or misleading statement regarding the facility or any of the services
				  provided by the facility.
(b) No
				  licensee, officer, or employee of a licensee shall alter a license, or
				  disseminate an altered license.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1508
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80017 - Nondiscrimination of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any adult shall be permitted to apply for a license
					 regardless of age, sex, race, religion, color, political affiliation, national
					 origin, disability, marital status, actual or perceived sexual orientation,
					 gender identity, HIV status, or ancestry.
1. Change
					 without regulatory effect amending subsection (a) and NOTE filed 12-10-2003
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 50).
2. Amendment of section
					 heading, section and NOTE filed 7-9-2008; operative 8-8-2008 (Register 2008,
					 No. 28).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Section
						51, Civil Code;
						Section
						1520,
						Health and Safety Code; and Section
						16013,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80018 - Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  adult, firm, partnership, association, corporation, county, city, public agency
				  or other governmental entity desiring to obtain a license shall file with the
				  licensing agency a verified application on forms furnished by the licensing
				  agency.
(b) Prior to filing an
				  application, the applicant shall attend an orientation designed for the
				  specific facility type and provided by the licensing agency.
(1) The orientation shall cover, but not be
				  limited to, the following areas:
(A)
				  Completion of the application for license.
(B) Scope of operation subject to regulation
				  by the department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80019 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department shall conduct a criminal record review of all individuals
				  specified in Health and Safety Code Section
				  1522(b)
				  and shall have the authority to approve or deny a facility license, or
				  employment, residence, or presence in the facility, based upon the results of
				  such review.
[Sections
					 80019(b) et seq.
					 are to be effective on January 1, 2001.]
(b) The following persons are exempt from the
				  requirement to submit fingerprints:
(1) A
				  medical professional, as defined by the Department in regulations, who holds a
				  valid license or certification from the individual's governing California
				  medical care regulatory entity and who is not employed, retained, or contracted
				  by the licensee, if all of the following apply:
(A) The criminal record of the individual has
				  been cleared as a condition of licensure or certification by the individual's
				  California medical care regulatory entity.
(B) The individual is providing time-limited
				  specialized clinical care or services.
(C) The individual is providing care or
				  services within the individual's scope of practice.
(D) The individual is not a community care
				  facility licensee or an employee of the facility.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80019.1 - Criminal Record Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department will notify a licensee to
				  act immediately to remove from the facility or bar from entering the facility
				  any person described in Sections
				  80019.1(a)(1) through
				  (5) below while the Department considers
				  granting or denying an exemption. Upon notification, the licensee shall comply
				  with the notice.
(1) Any person who has been
				  convicted of, or is awaiting trial for, a sex offense against a
				  minor;
(2) Any person who has been
				  convicted of a felony;
(3) Any
				  person who has been convicted of an offense specified in Sections
				  243.4,
				  273a,
				  273d,
				  273g, or
				  368 of the
				  Penal Code or any other crime specified in Health and Safety Code Section
				  1522(c)(3);
(4) Any person who has been convicted of any
				  crime specified below:
(A) Battery
(B) Shooting at Inhabited Dwelling
(C) Corporal Injury on
				  Spouse/Cohabitant
(D) Discharging
				  Firearm with Gross Negligence
(E)
				  Exhibiting Weapon/Firearm
(F)
				  Threat to Commit a Crime Resulting in Gross Bodily Injury or Death
(G) Criminal Threat to Harm or Injure Another
				  Person
(H) Cruelty to
				  Animals
(I) Willful Harm or Injury
				  to Child; or
(5) Any
				  other person ordered to be removed by the Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80019.2 - Child Abuse Central Index

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to issuing a license to care for
				  children, the Department shall conduct a Child Abuse Central Index (CACI)
				  review pursuant to Health and Safety Code Section
				  1522.1
				  and Penal Code Section
				  11170(b)(3).
				  The Department shall check the CACI for the applicant(s), and all individuals
				  subject to a criminal record review, pursuant to Health and Safety Code Section
				  1522(b)
				  and shall approve or deny a facility license, employment, residence or presence
				  in the facility based on the results of the review.
(1) The applicant shall submit the Child
				  Abuse Central Index check (LIC 198A [3/99] which is incorporated by reference,
				  for state licensed facilities and LIC 198 [4/99] which is incorporated by
				  reference, for county licensed facilities) for all individuals required to be
				  checked, directly to the California Department of Justice at the same time that
				  the individual's fingerprints are submitted for a criminal background check as
				  required by Section
				  80019(c).
(A) Individuals who have submitted the Child
				  Abuse Central Index check (LIC 198A) with fingerprints on or after January 1,
				  1999 need not submit a new check if the individual can transfer their criminal
				  record clearance or exemption pursuant to Section
				  80019(e) or
				  Section 80019.1(f).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80020 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All facilities shall secure and maintain a fire clearance approved by the city
				  or county fire department, the district providing fire protection services, or
				  the State Fire Marshal.
(1) The request for
				  fire clearance shall be made through and maintained by the licensing
				  agency.
(2) Prior to the use of
				  secured perimeters, an applicant or licensee for an Adult Residential Facility
				  or Group Home shall meet the fire clearance approval requirements of Title 17,
				  Division 2, Chapter 3, Subchapter 4, Article 12, Section
				  56072(d) and
				  (h).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80021 - Water Supply Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All community care facilities where water for human consumption is from a
				  private source shall meet the following requirements:
(1) As a condition of initial licensure, the
				  applicant shall provide evidence of an onsite inspection of the source of the
				  water and a bacteriological analysis which establishes the safety of the water,
				  conducted by the local health department, the State Department of Health
				  Services or a licensed commercial laboratory.
(2) Subsequent to initial licensure, the
				  licensee shall provide evidence of a bacteriological analysis of the private
				  water supply as frequently as is necessary to ensure the safety of the clients,
				  but no less frequently than specified in the following table:
Licensed Capacity
Analysis
								Required
Periodic Subsequent
								Analysis
6 or fewer
Initial licensing
Not
							 required unless evidence supports the need for such analysis to protect
							 clients.
7 through 15
Initial
							 licensing
Annually
16 through 24
Initial
							 licensing
Semiannually
25 or more
Initial
							 licensing
Quarterly
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80022 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each licensee shall have and maintain on file a current, written, definitive
				  plan of operation.
(b) The plan and
				  related materials shall contain the following:
(1) Statement of purposes, and program
				  methods and goals.
(2) Statement of
				  admission policies and procedures regarding acceptance of clients.
(3) A copy of the admission
				  agreement.
(4) Administrative
				  organization, if applicable.
(5)
				  Staffing plan, qualifications and duties, if applicable.
(6) Plan for inservice education of staff if
				  required by regulations governing the specific facility category.
(7) A sketch of the building(s) to be
				  occupied, including a floor plan which describes the capacities of the
				  buildings for the uses intended, room dimensions, and a designation of the
				  rooms to be used for nonambulatory clients, if any.
(8) A sketch of the grounds showing
				  buildings, driveways, fences, storage areas, pools, gardens, recreation areas
				  and other space used by the clients.
(A) The
				  sketch shall include the dimensions of all areas which will be used by the
				  clients.
(9) Sample menus
				  and a schedule for one calendar week indicating the time of day that meals and
				  snacks are to be served.
(10)
				  Transportation arrangements for clients who do not have independent
				  arrangements.
(11) Rate setting
				  policy including, but not limited to, policy on refunds.
(12) A statement whether or not the licensee
				  will handle the clients' money, personal property, and/or valuables. If money,
				  personal property, and/or valuables will be handled, the method for
				  safeguarding shall ensure compliance with Sections
				  80025 and
				  80026.
(13) Consultant and community resources to be
				  utilized by the facility as part of its program.
(14) A statement of the facility's policy
				  concerning family visits and other communications with the client pursuant to
				  Health and Safety Code Section
				  1512.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80023 - Disaster and Mass Casualty Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each licensee shall have and maintain on
				  file a current, written disaster and mass casualty plan of action.
(b) The plan shall be subject to review by
				  the licensing agency and shall include:
(1)
				  Designation of administrative authority and staff assignments.
(2) Contingency plans for action during
				  fires, floods, and earthquakes, including but not limited to the following:
(A) Means of exiting.
(B) Transportation arrangements.
(C) Relocation sites which are equipped to
				  provide safe temporary accommodation for clients.
(D) Arrangements for supervision of clients
				  during evacuation or relocation, and for contact after relocation to ensure
				  that relocation has been completed as planned.
(E) Means of contacting local agencies,
				  including but not limited to the fire department, law enforcement agencies, and
				  civil defense and other disaster authorities.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80024 - Waivers and Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless prior written licensing agency approval is received as specified in (b)
				  below, all licensees shall maintain continuous compliance with the licensing
				  regulations.
(b) The licensing
				  agency shall have the authority to approve the use of alternate concepts,
				  programs, services, procedures, techniques, equipment, space, personnel
				  qualifications or staffing ratios, or the contact of experimental or
				  demonstration projects under the following circumstances:
(1) Such alternatives shall be carried out
				  with provisions for safe and adequate services, and shall in no instance be
				  detrimental to the health and safety of any facility client.
(2) The applicant or licensee shall submit to
				  the licensing agency a written request for a waiver or exception, together with
				  substantiating evidence supporting the request.
(3) (See Manual of Policies and
				  Procedures)
(4) The licensing
				  agency shall provide written approval or denial of the
				  request.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80025 - Bonding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall submit an affidavit, on a form provided by the licensing agency, stating
				  whether he/she safeguards or will safeguard cash resources of clients and the
				  maximum amount of cash resources to be safeguarded for all clients or each
				  client in any month.
(b) All
				  licensees, other than governmental entities, who are entrusted to care for and
				  control clients' cash resources shall file or have on file with the licensing
				  agency, a bond issued by a surety company to the State of California as
				  principal.
(c) The amount of the
				  bond shall be according to the following schedule:
Amount Safeguarded Per
							 Month
Bond Required
$750 or
							 less...................................
.................... $1,000
$751 to
							 $1,500...................................
.................... $2,000
$1,501 to
							 $2,500...................................
.................... $3,000
Every further increment of $1,000 or fraction thereof shall
					 require an additional $1,000 on the bond.
(d) The licensee shall submit a new affidavit
				  and bond to the licensing agency prior to the licensee safeguarding amounts of
				  clients' cash resources in excess of the current bond.
(e) Whenever the licensing agency determines
				  that the amount of the bond is insufficient to provide necessary protection of
				  clients' cash resources, or whenever the amount of any bond is impaired by any
				  recovery against the bond, the licensing agency shall have the authority to
				  require the licensee to file an additional bond in such amount as the licensing
				  agency determines to be necessary to protect the clients' cash
				  resources.
(f) The provisions of
				  this section shall not apply if the licensee meets the requirements specified
				  in Section
				  1560
				  of the Health and Safety Code.
1. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations renumbering former Section
					 80025 to Section
					 80024, and renumbering Section
					 80026 to Section
					 80025 filed 1-9-89 (Register 89,
					 No. 3). For prior history, see Register 88, No.
					 2.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1560
						and
						1561,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80026 - Safeguards for Cash Resources, Personal Property, and Valuables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee
				  shall not be required to accept for admission or continue to care for any
				  client whose incapacities, as documented by the initial or subsequent needs
				  appraisals, would require the licensee to handle such client's cash
				  resources.
(b) If such a client is
				  accepted for or maintained in care, his/her cash resources, personal property,
				  and valuables not handled by a person outside the facility who has been
				  designated by the client or his/her authorized representative shall be handled
				  by the licensee or facility staff, and shall be safeguarded in accordance with
				  the requirements specified in (c) through (n) below.
(c) Except where provided for in approved
				  continuing care agreements, no licensee or employee of a licensee shall:
(1) accept appointment as a guardian or
				  conservator of the person and/or estate of any client;
(2) accept any general or special power of
				  attorney except for Medi-Cal or Medicare claims for any client;
(3) become the substitute payee for any
				  payments made to any client.
(A) This
				  requirement does not apply to a licensee who is appointed by the Social
				  Security Administration as representative payee for the
				  client.
(4) become the
				  joint tenant on any account specified in Section
				  80026(i) with a
				  resident.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80027 - Initial Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 90 days of receipt of the
				  application by the licensing agency, the licensing agency shall give written
				  notice to the applicant of one of the following:
(1) The application is complete.
(2) The application is deficient, describing
				  what documents are outstanding and/or inadequate, and informing the applicant
				  that the information must be submitted within 30 days of the date of the
				  notice.
(A) If the applicant does not submit
				  the required information within the 30 days, the application shall be deemed
				  withdrawn unless either the licensing agency has denied the application or the
				  facility is under construction.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80028 - Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license shall be issued for a specific
				  capacity.
(b) The number of persons
				  for whom the facility is licensed to provide care and supervision shall be
				  determined on the basis of the application review by the licensing agency,
				  which shall take into consideration the following:
(1) The fire clearance specified in Section
				  80020.
(2) The licensee's/administrator's ability to
				  comply with applicable law and regulation.
(3) Any other household members, including
				  but not limited to persons under guardianship or conservatorship, who reside at
				  the facility and their individual needs.
(4) Facilities which accept minor parents and
				  his/her child(ren) shall have such children included in the facility's licensed
				  capacity.
(5) Physical features of
				  the facility, including available living space, which are necessary in order to
				  comply with regulations.
(6) Number
				  of available staff to meet the care and supervision needs of the
				  clients.
(7) Any restrictions
				  pertaining to the specific category of facility.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80029 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An applicant shall have the right to withdraw an application.
(1) Such withdrawal shall be in
				  writing.
(2) The fee for processing
				  the application shall be forfeited.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80030 - Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensing agency shall have the authority to issue a provisional license to an
				  applicant, pending action under Sections
				  80031 or
				  80040 on a completed application
				  for an initial license, if it determines that all of the following
				  circumstances exist:
(1) The facility is in
				  substantial compliance with applicable law and regulation.
(2) An urgent need for licensure
				  exists.
(3) A corporate applicant's
				  board of directors, executive director and officer are eligible for licensure
				  as specified in Health and Safety Code Section
				  1520.11(b).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80031 - Issuance of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 90 days of the date that a completed application, as defined in Section
				  80001 c.(8), has been received,
				  the licensing agency shall give written notice to the applicant of one of the
				  following:
(1) The application has been
				  approved.
(2) The application has
				  been denied.
(A) The notice of denial shall
				  include the information specified in Section
				  80040.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80032 - Term of an Initial or Renewal License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations renumbering former Section
					 80032 to Section
					 80031, and renumbering of Section
					 80033 to Section
					 80032 filed 1-9-89 (Register 89,
					 No. 3). For prior history, see Register 88, No. 2.
2. Change without
					 regulatory effect repealing section filed 6-29-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1524,
						1525
						and
						1529,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80033 - Application for Renewal of a License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect pursuant to Section
					 100, Title 1, California Code of
					 Regulations renumbering former Section
					 80033 to Section
					 80032, and renumbering of Section
					 80034 to Section
					 80033 filed 1-9-89 (Register 89,
					 No. 3). For prior history, see Register 88, No. 2.
2. Change without
					 regulatory effect repealing section filed 6-29-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
Note: Authority cited: Sections
						1523
						and
						1530,
						Health and Safety Code. Reference: Sections
						1520,
						1523,
						1524,
						1525
						and
						1528,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80034 - Submission of New Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall file a new application
				  as required by Section
				  80018 whenever there is a change
				  in conditions or limitations described on the current license, or other changes
				  including but not limited to the following:
(1) Any change in the location of the
				  facility.
(2) Any change of
				  licensee, including but not limited to the following when the licensee is a
				  corporation.
(A) Sale or transfer of the
				  majority of stock.
(B) Separating
				  from a parent company.
(C) Merger
				  with another company.
(3)
				  Any change in facility category.
(4) Any increase in capacity.
(A) The licensing agency shall have the
				  authority to grant capacity increases without resubmission of an application
				  following a licensing agency review and the securing of an appropriate fire
				  clearance.
(5) A
				  permanent change in any client from ambulatory to nonambulatory
				  status.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80035 - Conditions for Forfeiture of a Community Care Facility License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Conditions for
				  forfeiture of a community care facility license may be found in Section
				  1524
				  of the Health and Safety Code.
(1) "Licensee
				  abandons the facility" shall mean either of the following:
(A) The licensee informs the licensing agency
				  that the licensee no longer accepts responsibility for the facility,
				  or
(B) The licensing agency is
				  unable to determine the licensee's whereabouts after the following:
1. The licensing agency requests information
				  of the licensee's whereabouts from the facility's staff if any staff can be
				  contacted; and
2. The licensing
				  agency has made at least one (1) phone call per day, to the licensee's last
				  telephone number of record, for five (5) consecutive workdays with no response;
				  and
3. The licensing agency has
				  sent a certified letter, requesting the licensee to contact the licensing
				  agency, to the licensee's last mailing address of record with no response
				  within seven (7) calendar days.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 3 - Application Procedures › Section 80036 - Licensing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant or a licensee shall be charged fees as specified in Health and safety
				  Code Section
				  1523.1.
(b) An additional fee shall be charged when
				  the licensee requests an increase or decrease in capacity as specified in
				  Health and Safety Code Section
				  1523.1(b)(1)(C).
(c) When a licensee moves a facility from one
				  location to another, the relocation fee shall be as specified in Health and
				  Safety Code Section
				  1523.1(b)(1)(A).
(1) To qualify for the relocation fee the
				  following shall apply:
(A) The licensee shall
				  have notified the licensing agency before actually relocating the
				  facility.
(B) The categorical type
				  of facility shall remain the same when relocating the facility.
(C) The fee shall be by requested capacity at
				  the new location.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80040 - Denial of Initial License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as specified in Section
				  80030, which provides for issuance
				  of a provisional license based upon substantial compliance and urgent need, the
				  licensing agency shall deny an application for an initial license if it is
				  determined that the applicant is not in compliance with applicable law and
				  regulation.
(1) The licensing agency shall
				  have the authority to deny an application for an initial license if the
				  applicant has failed to pay any civil penalty assessments pursuant to Section
				  80058 and in accordance with a
				  final judgment issued by a court of competent jurisdiction, unless payment
				  arrangements acceptable to the licensing agency have been made.
(2) An application for initial licensure
				  shall not be denied solely on the basis that the applicant is a parent who has
				  administered or will continue to administer corporal punishment, not
				  constituting child abuse as defined in Section
				  11165, subdivision (g) of the
				  Penal Code, or Section
				  1531.5(c)
				  of the Health and Safety Code, on his/her own child(ren).
(3) An application for licensure shall be
				  denied as specified in Health and Safety Code Sections
				  1520.11(b),
				  (d) and
				  1550.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80041 - Denial of a Renewal License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subsection (e) filed 6-5-84; effective thirtieth day thereafter (Register 84,
					 No. 23).
2. Amendment filed 12-22-87; operative 1-21-88 (Register
					 88, No. 2).
3. Change without regulatory effect of subsection (a)(4)
					 pursuant to section
					 100, title 1, California Code of
					 Regulations filed 1-9-89 (Register 89, No. 3).
4. Change without
					 regulatory effect of subsection (a)(1) pursuant to section
					 100, title 1, California Code of
					 Regulations filed 10-31-89 (Register 89, No. 49).
5. Change without
					 regulatory effect amending subsection (a)(1) filed 1-9-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 8).
6. Change without regulatory
					 effect amending lettering and correcting cross-references filed 5-18-91
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 28).
7. Change without regulatory
					 effect repealing section filed 6-29-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
Note: Authority cited: Sections
						1523
						and
						1530,
						Health and Safety Code. Reference: Sections
						1520,
						1523,
						1524,
						1525,
						1526
						and
						1528,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80042 - Revocation or Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the authority
				  to suspend or revoke any license on any of the grounds specified in Health and
				  Safety Code Sections
				  1550
				  and
				  1550.5.
(b) Proceedings to hear a revocation action
				  or a revocation and temporary suspension action shall be conducted pursuant to
				  the provisions of Health and Safety Code Section
				  1551.
1. Amendment
					 of NOTE filed 10-4-2000; operative 11-3-2000 (Register 2000, No.
					 40).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1550,
						1550.5
						and
						1551,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80043 - Licensee/Applicant Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(See Manual of Policies and Procedures)
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80044 - Inspection Authority of the Licensing Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensing agency shall have the
				  inspection authority specified in Health and Safety Code Sections
				  1526.5,
				  1533,
				  1534,
				  1538
				  and
				  1538.7.
(b) The licensing agency shall have the
				  authority to interview clients, including children, or staff members without
				  prior consent.
(1) The licensee shall ensure
				  that provisions are made for private interviews with any clients, including
				  children, or any staff members.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80045 - Evaluation Visits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Community care facilities shall be evaluated as specified in Health and Safety
				  Code sections
				  1534
				  and
				  1548.
(b) The licensing agency shall have the
				  authority to make any number of other visits to a facility in order to
				  determine compliance with applicable law and regulation.
1. Amendment
					 of subsection (a) and repealer of subsection (c) filed 12-21-90; operative
					 1-20-91 (Register 91, No. 7).
2. Editorial correction of printing
					 error (Register 91, No. 17).
3. Amendment of NOTE filed 5-9-2005;
					 operative 6-8-2005 (Register 2005, No. 19).
Note: Authority cited: Sections
						1530
						and
						1548,
						Health and Safety Code. Reference: Sections
						1533,
						1534,
						1538
						and
						1548,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80046 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An individual
				  can be prohibited from serving as a member of a board of directors, executive
				  director, or officer; from being employed or allowing an individual in a
				  licensed facility as specified in Health and Safety Code Sections
				  1558
				  and
				  1558.1.
1. New
					 section filed 10-4-2000; operative 11-3-2000 (Register 2000, No.
					 40).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1558
						and
						1558.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80051 - Serious Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(See Manual of Policies and Procedures)
1. Amendment
					 of NOTE filed 9-1-98; operative 10-1-98 (Register 98, No.
					 36).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1507,
						1531
						and
						1534,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80052 - Deficiencies in Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a licensing evaluation is conducted and the evaluator determines that a
				  deficiency exists the evaluator shall issue a notice of deficiency, unless the
				  deficiency is not serious and is corrected during the visit.
(b) Prior to completion of an evaluation or
				  other licensing visit, the licensee, administrator, operator, or other person
				  in charge of the facility shall meet with the evaluator to discuss any
				  deficiencies noted, to jointly develop a plan for correcting each deficiency,
				  and to acknowledge receipt of the notice of deficiency.
(c) The evaluator shall provide notice of
				  deficiency to the licensee by one of the following:
(1) Personal delivery to the licensee, at the
				  completion of the visit.
(2) If the
				  licensee is not at the facility site, leaving the notice with the person in
				  charge of the facility at the completion of the visit.
(A) Under such circumstances, a copy of the
				  notice shall also be mailed to the licensee.
(3) If the licensee or the person in charge
				  of the facility refuses to accept the notice a notation of the refusal shall be
				  written on the notice and a copy left at the facility.
(A) Under such circumstances, a copy of the
				  notice shall also be mailed to the licensee.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80053 - Follow-up Visits to Determine Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A follow-up visit shall be conducted to
				  determine compliance with the plan of correction specified in the notice of
				  deficiency.
(1) At a minimum, a follow-up
				  visit shall be conducted within ten working days following the dates of
				  corrections specified in the notice of deficiency, unless the licensee has
				  demonstrated that the deficiency was corrected as required.
(2) No penalty shall be assessed unless a
				  follow-up visit is conducted as specified in (a) and (a)(1)
				  above.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80054 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of
				  $50 per day, per cited violation, shall be assessed for serious deficiencies
				  that are not corrected by the date specified in the notice of deficiency, up to
				  a maximum of $150 per day.
(b)
				  Notwithstanding Section
				  80054(a) above,
				  an immediate penalty of $100 per cited violation per day for a maximum of five
				  (5) days shall be assessed if any individual required to be fingerprinted under
				  Health and Safety Code Section
				  1522(b)
				  has not obtained a California clearance or a criminal record exemption,
				  requested a transfer of a criminal record clearance or requested and be
				  approved for a transfer of an exemption as specified in Section
				  80019(e) prior to
				  working, residing or volunteering in the facility.
(1) Subsequent violations within a twelve
				  (12) month period will result in a civil penalty of one hundred dollars ($100)
				  per violation per day for a maximum of thirty (30) days.
(2) The Department may assess civil penalties
				  for continued violations as permitted by Health and Safety Code Section
				  1548.
(3) Progressive civil penalties specified in
				  Sections 80054(d) and (e)
				  below shall not apply.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80055 - Administrative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee or his/her representative shall have the right to request a review of
				  a notice of deficiency and/or notice of penalty within 10 working days of
				  receipt of such notice(s).
(1) If the
				  deficiency has not been corrected, civil penalties shall continue to accrue
				  during the review process.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80055.1 - Denial or Revocation of License for Failure to Pay Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall be responsible for paying civil penalties.
(1) Unless otherwise provided, the transfer,
				  surrender, forfeiture or revocation of a license shall not affect the
				  licensee's responsibility for paying any civil penalties accrued while the
				  license was in effect.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80056 - Exemption from Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Civil penalties shall not be assessed
				  against any governmental entity, including a state, or city, holding a
				  community care facility license.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Section
						1534,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80058 - Unlicensed Facility Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of $200 per day shall he
				  assessed for the operation of an unlicensed facility under either of the
				  following conditions:
(1) The operator has
				  not submitted a completed application for licensure within 15 calendar days of
				  issuance of the Notice of Operation in Violation of Law pursuant to Section
				  80006, and continues to operate.
(A) For purposes of this section, an
				  application shall be deemed completed if it includes the information required
				  in Section
				  80018.
(B) The completed application shall be deemed
				  to be submitted when received by the licensing agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 4 - Administrative Actions › Section 80059 - Unlicensed Facility Administrative Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed facility operator or
				  his/her representative shall have the right to appeal the penalty assessment
				  within 10 working days after service of the penalty assessment.
(1) If the unlicensed facility operation has
				  not ceased, the $200 per day penalty shall continue to accrue during the appeal
				  process.