Cal. Code Regs. tit. 22 § 86506

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 86506 - Operation Without a License

(a) An unlicensed facility as defined in Section 86501(u), is in violation of Health and Safety Code Section 1503.5 or 1508 unless exempted from licensure pursuant to Section 86507.

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

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

(d) The Department shall have the authority to issue an immediate civil penalty pursuant to Section 86558, Unlicensed Facility Penalties, and Health and Safety Code Section 1547.

(e) Section 86506(c) and (d) shall be applied pursuant to Health and Safety Code Section 1549.

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

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

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

Cal. Code Regs. Tit. 22, § 86506

1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. Change without regulatory effect amending subsection (f) filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1503, 1503.5, 1505, 1508, 1516, 1524, 1533, 1536.1, 1538, 1540, 1540.1, 1541, 1547 and 1549, Health and Safety Code.

1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).