Section 87765 - Appeal of Suspension of New Admissions(a) A licensee or their representative may appeal the decision of the Department to suspend new admissions by requesting, in writing, a review of the order of suspension of new admissions within ten (10) business days of receipt of the order. This review shall be conducted by the Deputy Director of the Community Care Licensing Division or their designee.(b) The licensee shall include with the request for appeal the basis upon which the appeal is requested and all available supporting documentation.(c) Once the Department orders a suspension of new admissions for a facility, the order shall not be stayed and shall remain in effect throughout the appeal process.(d) The Deputy Director or their designee shall conduct the review and render a final decision within three (3) business days of receipt of the written appeal. If the Deputy Director or their designee determines that the order of suspension of new admissions was not issued in accordance with applicable statutes and regulations of the Department, or that other mitigating circumstances exist, they may amend or dismiss the order.(e) The Department shall notify the licensee immediately, but no later than two (2) business days following the close of the review period, of the final determination of the appeal.Cal. Code Regs. Tit. 22, § 87765
1. New section filed 5-6-2019; operative 7-1-2019 (Register 2019, No. 19). Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Section 1569.545, Health and Safety Code.
1. New section filed 5-6-2019; operative 7/1/2019 (Register 2019, No. 19).