Section 87835 - Conditions for Forfeiture of a Residential Care Facility for the Chronically Ill License(a) The facility license shall be forfeited when the licensee: (1) Sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation, and when such transfer of stock does not constitute a majority change of ownership.(2) Surrenders the license to the department.(3) Moves a facility from one location to another.(4) Is convicted of any crime specified in Sections 220, 243.4 or 264.1, or paragraph (1) of Section 273 a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code.(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 calendar 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 87801(e)(3). (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 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 87830. (1) A provisional license shall be granted only if the Department is satisfied that the conditions specified in (b) above and Section 87830 have been met and that the health and safety of the residents of the facility will not be jeopardized.Cal. Code Regs. Tit. 22, § 87835
1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Amendment of subsections (b), (d) and (d)(1), repealer and new subsections (b)(1) and (b)(2), new subsections (b)(2)(A) and (b)(3), and amendment of NOTE filed 6-15-93; operative 7-15-93 (Register 93, No. 25).
5. Editorial correction of subsections (a)(4) and (d) (Register 2002, No. 14). Note: Authority cited: Section 1568.072, Health and Safety Code Reference: Sections 1568.061, 1568.061(e), 1568.064 and 1568.072, Health and Safety Code.
1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Amendment of subsections (b), (d) and (d)(1), repealer and new subsections (b)(1) and (b)(2), new subsections (b)(2)(A) and (b)(3), and amendment of Note filed 6-15-93; operative 7-15-93 (Register 93, No. 25).
5. Editorial correction of subsections (a)(4) and (d) (Register 2002, No. 14).