1596.8898
. (a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with
Section 1569), Chapter 3.4 (commencing with Section 1596.70),
Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6
(commencing with Section 1597.30) and the prior license was revoked
within the preceding two years, the department shall exclude the
person from, and remove the person from the position of a member of
the board of directors, the executive director, or an officer of a
licensee of, any facility licensed by the department pursuant to the
chapter.
(2) If the department determines that a person previously was
issued a certificate of approval by a foster family agency which was
revoked by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the department shall exclude the
person from, and remove the person from the position of a member of
the board of directors, the executive director, or an officer of a
licensee of, any facility licensed by the department pursuant to this
chapter.
(b) If the department determines that the person had previously
applied for a license under any of the chapters listed in paragraph
(1) of subdivision (a) and the application was denied within the last
year, the department shall exclude the person from, and remove the
person from the position of a member of the board of directors, the
executive director, or an officer of a licensee of, any facility
licensed by the department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, the executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter until one year has elapsed
from the effective date of the decision and order of the department
upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove the person from the position of a member of the board of
directors, the executive director, or an officer of a licensee of,
any facility licensed by the department pursuant to this chapter
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.
(c) If the department determines that the person had previously
applied for a certificate of approval with a foster family agency and
the department ordered the foster family agency to deny the
application pursuant to subdivision (b) of Section 1534, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, the executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter and as follows:
(1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, the executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter until one year has elapsed
from the effective date of the decision and order of the department
upholding a denial.
(2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove the person from the position of a member of the board of
directors, the executive director, or an officer of a licensee of,
any facility licensed by the department pursuant to this chapter
until one year has elapsed from the date of the notification of the
denial and the right to petition for a hearing.
(d) Exclusion or removal of an individual pursuant to this section
shall not be considered an order of exclusion for purposes of
Section 1598.8897 or any other law.
(e) The department may determine not to exclude a person from, or
remove him or her from the position of, a member of the board of
directors, the executive director, or an officer of a licensee of,
any facility licensed by the department pursuant to this chapter if
it has been determined that the reasons for the denial of the
application or revocation of the facility license or certificate of
approval were due to circumstances or conditions that either have
been corrected or are no longer in existence.