Section 89206 - Operation Without a License(a) If the home is alleged to be in violation of Health and Safety Code sections 1503.5 or 1508, the licensing agency shall conduct a site visit, and an evaluation of the home pursuant to Health and Safety Code section 1533.(b) If the home is operating without a license, the licensing agency shall issue a Notice of Operation in Violation of Law (LIC 195) and shall refer the case for criminal prosecution or civil proceedings.(c) The licensing agency shall issue an immediate civil penalty as specified in Section 89255, Penalties for Unlicensed Homes.(d) Subsections (b) and (c) may be applied pursuant to Health and Safety Code section 1549.(e) 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 health and safety of children.(2) The unlicensed home does not submit an application for licensure to the licensing agency within 15 calendar days of being served a Notice of Operation in Violation of the Law (LIC 195).Cal. Code Regs. Tit. 22, § 89206
1. Renumbering of former section 87006 to section 89206, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day. For prior history of section 89206, see Register 93, No. 40.
2. Renumbering of former section 87006 to section 89206, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10). Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1503, 1503.5, 1505, 1508, 1531, 1533, 1536.1, 1538, 1540, 1540.1, 1541 and 1549, Health and Safety Code.
1. Renumbering of former section 87006 to section 89206, including amendment of section and Note, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day. For prior history of section 89206, see Register 93, No. 40.
2. Renumbering of former section 87006 to section 89206, including amendment of section and Note, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).