Section 10548 - Suspension or Revocation of Licensure(a) The Department may seek suspension or revocation of a license, in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code, when:(1) The licensee is issued a notice of deficiency for any action which has resulted in death, serious physical harm, or imminent danger to a resident of the facility; or(2) The licensee fails to correct any Class A deficiency by the date specified in the notice of deficiency; or(3) The licensee repeatedly fails to correct Class B deficiencies; or(4) The licensee has failed to pay civil penalties, assessed in accordance with Section 10547 and adjudicated pursuant to Section 10550.(b) The Department shall deliver to the licensee, in person or by certified mail, an accusation and notice of suspension or revocation, which shall: (1) Inform the licensee that the facility's license is being suspended or revoked and the effective date of the suspension or revocation;(2) Explain the reason(s) for the suspension or revocation;(3) Order the licensee to suspend operation of the facility as of the date specified on the notice; and(4) Explain the licensee's right to a hearing and the procedure for requesting a hearing, pursuant to Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.(c) Within fifteen (15) days of the date of receipt of the licensee's notice of defense to the accusation, the Department shall request the Office of Administrative Hearings to set the matter for hearing.(d) Departmental action to suspend or revoke licensure shall comply with the requirements set forth in Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.(e) Expiration, forfeiture, or surrender of a license shall not prohibit the Department from taking action to deny, suspend, or revoke licensure pursuant to the provisions of Chapter 7.5 (commencing with Section 11834.01), Division 10.5, of the Health and Safety Code or this chapter.(f) The Department may suspend licensure of a facility prior to hearing when such action is necessary to protect residents of the facility from physical or mental abuse, abandonment or any other substantial threat to the residents' health or safety. If the Department takes such action, the notice of suspension shall specify the licensee's legal right to petition the court to enjoin closure of the facility pursuant to Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure, in addition to the requirements of Subsection (b) of this regulation.Cal. Code Regs. Tit. 9, § 10548
1. Renumbering and amendment of former section 10542 to section 10548 filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
2. Amendment of subsections (a)(3), (b)(1)-(b)(3) and (c) filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsection (a)(4) (Register 97, No. 25).
4. Amendment of subsections (a)(3), (b)(1)-(b)(3) and (c), including additional amendment of subsection (b)(3), refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsections (a)(1)-(2) (Register 97, No. 51).
6. Certificate of Compliance as to 6-16-97 emergency transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51). Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.32, 11834.34, 11834.36, 11834.37, 11834.39 and 11834.45, Health and Safety Code; Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure; and Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2, Government Code.
1. Renumbering and amendment of former section 10542 to section 10548 filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
2. Amendment of subsections (a)(3), (b)(1)-(b)(3) and (c) filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsection (a)(4) (Register 97, No. 25).
4. Amendment of subsections (a)(3), (b)(1)-(b)(3) and (c), including additional amendment of subsection (b)(3), refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsections (a)(1)-(2) (Register 97, No. 51).
6. Certificate of Compliance as to 6-16-97 emergency transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).