Section 80035 - Conditions for Forfeiture of a Community Care Facility License(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; and2. 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; and3. 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.(b) If the facility licensee dies, an adult relative who has control of the property shall be permitted to operate a previously licensed facility under an Emergency Approval to Operate (LIC 9117 4/93) (EAO) providing the following conditions are met: (1) The relative or an adult acting on the relative's behalf notifies the Department by telephone during the first working day after the licensee's death that the relative intends to operate the community care facility.(2) The relative files with the Department within five days of the licensee's death an Application for License (LIC 200 7/91) and evidence of the licensee's death as defined in Section 80001(e)(4). (A) Notwithstanding the instructions on the Application for License (LIC 200 7/91), the Department shall permit the relative to submit only the information on the front side of that form.(3) The relative files with the California Department of Justice within five calendar days of the licensee's death his/her fingerprint cards.(c) If the adult relative complies with (b)(1) and (2) above, he/she shall not be considered to be operating an unlicensed facility pending the Department's decision on whether to approve a provisional license.(d) The Department shall make a decision within 60 days after the application is submitted on whether to issue a provisional license pursuant to Section 80030. (1) A provisional license shall be granted only if the Department is satisfied that the conditions specified in (b) above and Section 80030 have been met and that the health and safety of the residents of the facility will not be jeopardized.Cal. Code Regs. Tit. 22, § 80035
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former section 80035 to section 80034, and renumbering of section 80036 to section 80035 filed 1-9-89 (Register 89, No. 3). For prior history, see Registers 88, No. 10 and 88, No. 2.
2. Amendment of subsection (a) and adoption of NOTE filed 10-9-91; operative 11-8-91 (Register 92, No. 8).
3. New subsections (b)-(d)(1) and amendment of NOTE filed 6-15-93; operative 7-15-93 (Register 93, No. 25). Note: Authority cited: Sections 1524(e) and 1530, Health and Safety Code. Reference: Sections 1524 and 1524(e), Health and Safety Code.
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former section 80035 to section 80034, and renumbering of section 80036 to section 80035 filed 1-9-89 (Register 89, No. 3). For prior history, see Registers 88, No. 10 and 88, No. 2.
2. Amendment of subsection (a) and adoption of NOTE filed 10-9-91; operative 11-8-91 (Register 92, No. 8).
3. New subsections (b)-(d)(1) and amendment of Note filed 6-15-93; operative 7-15-93 (Register 93, No. 25).