Section 1793.21 Of Article 7. Offenses And Penalties From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 7.
1793.21
. The department, in its discretion, may condition, suspend,
or revoke any permit to accept deposits, provisional certificate of
authority, or certificate of authority issued under this chapter if
it finds that the applicant or provider has done any of the
following:
(a) Violated this chapter or the rules and regulations adopted
under this chapter.
(b) Aided, abetted, or permitted the violation of this chapter or
the rules and regulations adopted under this chapter.
(c) Had a license suspended or revoked pursuant to the licensing
provisions of Chapter 2 (commencing with Section 1250) or Chapter 3.2
(commencing with Section 1569).
(d) Made a material misstatement, misrepresentation, or fraud in
obtaining the permit to accept deposits, provisional certificate of
authority, or certificate of authority.
(e) Demonstrated a lack of fitness or trustworthiness.
(f) Engaged in any fraudulent or dishonest practices of management
in the conduct of business.
(g) Misappropriated, converted, or withheld moneys.
(h) After request by the department for an examination, access to
records, or information, refused to be examined or to produce its
accounts, records, and files for examination, or refused to give
information with respect to its affairs, or refused to perform any
other legal obligations related to an examination.
(i) Manifested an unsound financial condition.
(j) Used methods and practices in the conduct of business so as to
render further transactions by the provider or applicant hazardous
or injurious to the public.
(k) Failed to maintain at least the minimum statutory reserves
required by Section 1792.2.
( l) Failed to maintain the reserve fund escrow account for
prepaid continuing care contracts required by Section 1792.
(m) Failed to comply with the refund reserve requirements stated
in Section 1793.
(n) Failed to comply with the requirements of this chapter for
maintaining escrow accounts for funds.
(o) Failed to file the annual report described in Section 1790.
(p) Violated a condition on its permit to accept deposits,
provisional certificate of authority, or certificate of authority.
(q) Failed to comply with its approved financial and marketing
plan or to secure approval of a modified plan.
(r) Materially changed or deviated from an approved plan of
operation without the prior consent of the department.
(s) Failed to fulfill his or her obligations under continuing care
contracts.
(t) Made material misrepresentations to depositors, prospective
residents, or residents of a continuing care retirement community.
(u) Failed to submit proposed changes to continuing care contracts
prior to use, or using a continuing care contract that has not been
previously approved by the department.
(v) Failed to diligently submit materials requested by the
department or required by the statute.