Cal. Code Regs. Tit. 22, § 70135 - Revocation or Involuntary Suspension of License
(a) Pursuant to provisions of Chapter 5
(commencing with Section
11500), Part 1, Division 3, of
Title 2, Government Code, the Department may suspend or revoke any license
issued under the provisions of Chapter 2 (commencing with Section
1250), Division 2, Health and
Safety Code, upon any of the following grounds.
(1) Violation by the licensee of any of the
provisions of Chapter 2 (commencing with Section
1250), Division 2, Health and
Safety Code, or the regulations promulgated by the Department.
(2) Aiding, abetting or permitting the
violation of any provisions of Chapter 2 (commencing with Section
1250), Division 2, Health and
Safety Code, or the regulations promulgated by the Department.
(3) Conduct inimical to the public health,
morals, welfare or safety of the people of the State of California in the
maintenance and operation of the premises or services for which a license is
issued.
(b) The license
of any hospital against which special fees are required by Section
90417, Chapter 1, Division 7, of
this Title shall be revoked, after notice of hearing, if it is determined by
the Department that the fees required were not paid within the time
prescribed.
(c) The Director may
temporarily suspend any license prior to any hearing when, in his opinion, such
action is necessary to protect the public welfare.
(1) The Director shall notify the licensee of
the temporary suspension and the effective date thereof and at the same time
shall serve such licensee with an accusation.
(2) Upon receipt of a notice of defense by
the licensee, the Director shall set the matter for hearing within 15 days. The
hearing shall be held as soon as possible but no later than 30 days after
receipt of such notice.
(3) The
temporary suspension shall remain in effect until such time as the hearing is
completed and the Director has made a final determination.
(4) If the Director fails to make a final
determination within 60 days after the original hearing has been completed, the
temporary suspension shall be deemed vacated.
(5) If the provisions of Chapter 2
(commencing with Section
1250), Division 2, Health and
Safety Code, or the regulations promulgated by the Director are violated by a
licensee which is a group, corporation or other association, the Director may
suspend the license of such organization or may suspend the license as to any
individual person within such organization who is responsible for such
violation.
(d) The
withdrawal of an application for a license shall not deprive the Department of
its authority to institute or continue a proceeding against the applicant for
the denial of the license upon any ground provided by law or to enter an order
denying the license upon any such ground, unless the Department consents in
writing to such withdrawal.
(e) The
suspension, expiration or forfeiture of a license issued by the Department
shall not deprive the Department of its authority to institute or continue a
proceeding against the license upon any ground provided by law or to enter an
order suspending or revoking a license or otherwise taking disciplinary action
against the licensee on any such ground.
Notes
2. Certificate of Compliance filed 3-8-77 (Register 77, No. 11).
3. Amendment of subsection (c)(2) filed 7-25-79; effective thirtieth day thereafter (Register 79, No. 30).
Note: Authority cited: Section 208(a), Health and Safety Code. Reference: Section 1296, Health and Safety Code.
2. Certificate of Compliance filed 3-8-77 (Register 77, No. 11).
3. Amendment of subsection (c)(2) filed 7-25-79; effective thirtieth day thereafter (Register 79, No. 30).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.