Cal. Code Regs. tit. 22 § 86006

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 86006 - Operation Without a License

(a) An unlicensed facility, that is providing care and supervision as defined in section 86001(u)(2), is in violation of Sections 1503.5 and/or 1508 of the Health and Safety Code unless exempted from licensure pursuant to section 86007.

(b) If the facility is alleged to be in violation of Sections 1503.5 and/or 1508 of the Health and Safety Code, the licensing agency shall conduct a site visit and/or evaluation of the facility pursuant to Health and Safety Code section 1538.

(c) If the facility is operating without a license, the licensing agency shall issue a notice of operation in violation of law and shall refer the case for criminal prosecution and/or civil proceedings.

(d) The licensing agency shall have the authority to issue an immediate civil penalty pursuant to section 86058 and section 1547 of the Health and Safety Code.

(e) Sections 86006(c) and (d) shall be applied pursuant to section 1549 of the Health and Safety Code.

(f) The licensing agency shall notify the appropriate placement or protective service agency if either of the following conditions exist:

(1) There is an immediate threat to the participants' health and safety.

(2) The facility does not submit an application for licensure within 15 calendar days of being served a notice of operation in violation of law.

Cal. Code Regs. Tit. 22, § 86006

1. Change without regulatory effect adopting section filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1503.5, 1505, 1508, 1533, 1538, 1540, 1540.1, 1541, 1547 and 1549, Health and Safety Code.