Section 1793.15 Of Article 7. Offenses And Penalties From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 7.
1793.15
. (a) When necessary to secure an applicant's or a provider'
s performance of its obligations to depositors or residents, the
department may record a notice or notices of lien on behalf of the
depositors or residents. From the date of recording, the lien shall
attach to all real property owned or acquired by the provider during
the pendency of the lien, provided the property is not exempt from
the execution of a lien and is located within the county in which the
lien is recorded. The lien shall have the force, effect, and
priority of a judgment lien.
(b) The department may record a lien on any real property owned by
the provider if the provider's annual report indicates the provider
has an unfunded statutory or refund requirement. A lien filed
pursuant to this section shall have the effect, force, and priority
of a judgment lien filed against the property.
(c) The department shall file a release of the lien if the
department determines that the lien is no longer necessary to secure
the applicant's or provider's performance of its obligations to the
depositors or residents.
(d) Within 10 days following the department's denial of a request
for a release of the lien, the applicant or provider may file an
appeal with the department.
(e) The department's final decision shall be subject to court
review pursuant to Section 1094.5 of the Code of Civil Procedure,
upon petition of the applicant or provider filed within 30 days of
service of the decision.