2005 California Health and Safety Code Sections 1590-1591.5 Article 6. Denial, Suspension, and Revocation

1590.  The state department may suspend or revoke any license issued
under the provisions of this chapter upon any of the following
grounds and in the manner provided in this article:
   (a) Violation by the licensee of any of the provisions of this
chapter or of the rules and regulations adopted pursuant to this
chapter.
   (b) Aiding, abetting, or permitting the violation of any provision
of this chapter or of the rules and regulations adopted pursuant to
this chapter.
   (c) Conduct in the operation or maintenance, or both the operation
and maintenance, of an adult day health facility which is inimical
to the health, morals, welfare, or safety of either an individual
receiving services from the facility or the people of the State of
California.
1590.3.  (a) The denial, suspension, or revocation of a center's
license shall be considered immediate grounds for the denial,
suspension, or termination of the center's certification.
   (b) Proceedings to deny an application for licensure or
certification, suspend a license or certification, or revoke a
license or terminate certification shall be consolidated whenever
possible.
1590.5.  Proceedings for the suspension, revocation, or denial of a
license under this article shall be conducted in accordance with
Section 100171.  Except as provided in Section 1591, Section 100171
shall prevail in the event of a conflict between this chapter and
Section 100171.  The director shall ensure that public records
accurately reflect the current status of any potential  adverse
action or actions, including the resolution of disputes.
1591.  (a) When the director intends to seek the suspension or
revocation of a license, the director shall notify the licensee of
the proposed suspension or revocation and, at the same time, shall
serve the person with an accusation.  Upon receipt of a notice of
defense from the licensee, the director shall set the matter for
hearing within five days.  The director shall make a final
determination as to whether to suspend or revoke the license within
30 days after the original hearing has been completed.
   (b) The director may temporarily suspend a license prior to a
hearing when he or she determines that the suspension is necessary to
protect the health and safety of the participants.  In the event of
a prehearing suspension, the director shall notify the licensee of
the suspension and its effective date and, at the same time, shall
serve the licensee with an accusation.  Within 15 days of receiving a
notice of defense from the licensee, the director shall set the
matter for a hearing that shall be held as soon as possible, but not
later than 30 days after receipt of the notice. The temporary
suspension shall remain in effect until the hearing is completed and
the director has made a final determination on the merits, which
shall be made within 30 days after the hearing has been completed.
1591.5.  The withdrawal of an application for a license after it has
been filed with the state department shall not, unless the state
department consents in writing to such withdrawal, deprive the state
department of its authority to institute or continue a proceeding
against the applicant for the denial of the license upon any ground
provided by law or to enter an order denying the license upon any
such ground.
   The suspension, expiration, or forfeiture by operation of law of a
license issued by the state department, or its suspension,
forfeiture, or cancellation by order of the state department or by
order of a court of law, or its surrender without the written consent
of the state department, shall not deprive the state department of
its authority to institute or continue a disciplinary proceeding
against the licensee upon any ground provided by law or to enter an
order suspending or revoking the license or otherwise taking
disciplinary action against the licensee on any such ground.