Section 11834.36 Of Article 4. Suspension And Revocation From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 7.5. >> Article 4.
11834.36
. (a) The director may suspend or revoke any license issued
under this chapter, or deny an application for licensure, extension
of the licensing period, or modification to a license, upon any of
the following grounds and in the manner provided in this chapter:
(1) Violation by the licensee of any provision of this chapter or
regulations adopted pursuant to this chapter.
(2) Repeated violation by the licensee of any of the provisions of
this chapter or regulations adopted pursuant to this chapter.
(3) Aiding, abetting, or permitting the violation of, or any
repeated violation of, any of the provisions described in paragraph
(1) or (2).
(4) Conduct in the operation of an alcoholism or drug abuse
recovery or treatment facility that is inimical to the health,
morals, welfare, or safety of either an individual in, or receiving
services from, the facility or to the people of the State of
California.
(5) Misrepresentation of any material fact in obtaining the
alcoholism or drug abuse recovery or treatment facility license,
including, but not limited to, providing false information or
documentation to the department.
(6) The licensee's refusal to allow the department entry into the
facility to determine compliance with the requirements of this
chapter or regulations adopted pursuant to this chapter.
(7) Violation by the licensee of Section 11834.026 or the
regulations adopted pursuant to that section.
(8) Failure to pay any civil penalties assessed by the department.
(b) The director may temporarily suspend any license prior to any
hearing when, in the opinion of the director, the action is necessary
to protect residents of the alcoholism or drug abuse recovery or
treatment facility from physical or mental abuse, abandonment, or any
other substantial threat to health or safety. The director shall
notify the licensee of the temporary suspension and the effective
date of the temporary suspension and at the same time shall serve the
provider with an accusation. Upon receipt of a notice of defense to
the accusation by the licensee, the director shall, within 15 days,
set the matter for hearing, and the hearing shall be held as soon as
possible. The temporary suspension shall remain in effect until the
time the hearing is completed and the director has made a final
determination on the merits. However, the temporary suspension shall
be deemed vacated if the director fails to make a final determination
on the merits within 30 days after the department receives the
proposed decision from the Office of Administrative Hearings.