Section 1793.58 Of Article 8. Appointment Of Administrators From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 8.
1793.58
. (a) The department, administrator, or any interested
person, upon due notice to the administrator, at any time, may apply
to the court for an order terminating the rehabilitation proceedings
and permitting the provider to resume possession of the provider's
property and the conduct of the provider's business.
(b) The court shall not issue the order requested pursuant to
subdivision (a) unless, after a full hearing, the court has
determined that the purposes of the proceeding have been fully and
successfully accomplished and that the continuing care retirement
community can be returned to the provider's management without
further jeopardy to the residents of the continuing care retirement
community, creditors, owners of the continuing care retirement
community, and to the public.
(c) Before issuing any order terminating the rehabilitation
proceeding the court shall consider a full report and accounting by
the administrator regarding the provider's affairs, including the
conduct of the provider's officers, employees, and business during
the rehabilitation and the provider's current financial condition.
(d) Upon issuance of an order terminating the rehabilitation, the
department shall reinstate the provisional certificate of authority
or certificate of authority. The department may condition, suspend,
or revoke the reinstated certificate only upon a change in the
conditions existing at the time of the order or upon the discovery of
facts which the department determines would have resulted in a
denial of the request for an order terminating the rehabilitation had
the court been aware of these facts.