1796.41
. (a) (1) If the department determines that a person was
issued a license pursuant to this chapter or Chapter 1 (commencing
with Section 1200), Chapter 2 (commencing with Section 1250), Chapter
3 (commencing with Section 1500), 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), Chapter 3.6 (commencing with Section 1597.30), or
Chapter 3.65 (commencing with Section 1597.70), and the prior license
was revoked within the preceding two years, the department shall
exclude the person from acting as, and require the home care
organization to remove him or her from his or her position as, a
member of the board of directors, an executive director, or an
officer of a licensee of any home care organizations licensed by the
department pursuant to this chapter.
(2) If the department determines that a person was previously
issued a certificate of approval by a foster family agency that was
revoked by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the department shall exclude the
person from acting as, and require the home care organization to
remove him or her from his or her position as, a member of the board
of directors, an executive director, or an officer of a licensee of,
any home care organizations 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 acting as, and
require the home care organization to remove him or her from his or
her position as, a member of the board of directors, an executive
director, or an officer of a licensee of any home care organizations
licensed by the department pursuant to this chapter as follows:
(1) In cases in which the home care organization applicant
petitioned for a hearing, the department shall exclude the person
from acting as, and require the home care organization to remove him
or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, any
home care organizations 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 in which the department informed the home care
organization applicant of his or her right to petition for a hearing
and the home care organization applicant did not petition for a
hearing, the department shall exclude the person from acting as, and
require the home care organization to remove him or her from his or
her position as, a member of the board of directors, an executive
director, or an officer of a licensee of, any home care organizations
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 acting as, and require the
home care organization to remove him or her from his or her position
as, a member of the board of directors, an executive director, or an
officer of a licensee of, any home care organizations licensed by the
department pursuant to this chapter and as follows:
(1) In cases in which the home care organization applicant
petitioned for a hearing, the department shall exclude the person
from acting as, and require the home care organization to remove him
or her from his or her position as, a member of the board of
directors, an executive director, or an officer of a licensee of, any
home care organizations 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 in which the department informed the home care
organization applicant of his or her right to petition for a hearing
and the home care organization applicant did not petition for a
hearing, the department shall exclude the person from acting as, and
require the home care organization to remove him or her from his or
her position as, a member of the board of directors, an executive
director, or an officer of a licensee of, any home care organizations
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 1796.25 or any other law.
(e) The department may determine not to exclude a person from
acting, or require that he or she be removed from his or her
position, as a member of the board of directors, an executive
director, or an officer of a licensee of, any home care organizations
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.