2010 California Code
Health and Safety Code
Article 4.5. Employee Actions

1596.8897.  (a) The department may prohibit any person from being a
member of the board of directors, an executive director, or an
officer of a licensee or a licensee from employing, or continuing the
employment of, or allowing in a licensed facility, or allowing
contact with clients of a licensed facility by, any employee,
prospective employee, or person who is not a client who has:
   (1) Violated, or aided or permitted the violation by any other
person of, any provisions of this chapter or of any rules or
regulations promulgated under this chapter.
   (2) Engaged in conduct that is inimical to the health, morals,
welfare, or safety of either an individual in or receiving services
from the facility, or the people of the State of California.
   (3) Been denied an exemption to work or to be present in a
facility, when that person has been convicted of a crime as defined
in Section 1596.871.
   (4) Engaged in any other conduct that would constitute a basis for
disciplining a licensee.
   (5) Engaged in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services for the care of
clients.
   (b) The excluded person, the facility, and the licensee shall be
given written notice of the basis of the department's action and of
the excluded person's right to an appeal. The notice shall be served
either by personal service or by registered mail. Within 15 days
after the department serves the notice, the excluded person may file
with the department a written appeal of the exclusion order. If the
excluded person fails to file a written appeal within the prescribed
time, the department's action shall be final.
   (c) (1) The department may require the immediate removal of a
member of the board of directors, an executive director, or an
officer of a licensee or exclusion of an employee, prospective
employee, or person who is not a client from a facility pending a
final decision of the matter, when, in the opinion of the director,
the action is necessary to protect residents or clients from physical
or mental abuse, abandonment, or any other substantial threat to
their health or safety.
   (2) If the department requires the immediate removal of a member
of the board of directors, an executive director, or an officer of a
licensee or exclusion of an employee, prospective employee, or person
who is not a client from a facility, the department shall serve an
order of immediate exclusion upon the excluded person that shall
notify the excluded person of the basis of the department's action
and of the excluded person's right to a hearing.
   (3) Within 15 days after the department serves an order of
immediate exclusion, the excluded person may file a written appeal of
the exclusion with the department. The department's action shall be
final if the excluded person does not appeal the exclusion within the
prescribed time. The department shall do the following upon receipt
of a written appeal:
   (A) Within 30 days of receipt of the appeal, serve an accusation
upon the excluded person.
   (B) Within 60 days of receipt of a notice of defense by the
employee or prospective employee pursuant to Section 11506 of the
Government Code, conduct a hearing on the accusation.
   (4) An order of immediate exclusion of the excluded person from
the facility shall remain in effect until the hearing is completed
and the director has made a final determination on the merits.
However, the order of immediate exclusion shall be deemed vacated if
the director fails to make a final determination on the merits within
60 days after the original hearing has been completed.
   (d) An excluded person who files a written appeal of the exclusion
order with the department pursuant to this section shall, as part of
the written request, provide his or her current mailing address. The
excluded person shall subsequently notify the department in writing
of any change in mailing address, until the hearing process has been
completed or terminated.
   (e) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. The standard of proof shall be
the preponderance of the evidence and the burden of proof shall be on
the department.
   (f) The department may institute or continue a disciplinary
proceeding against a member of the board of directors, an executive
director, or an officer of a licensee or an employee, prospective
employee, or person who is not a client upon any ground provided by
this section. The department may enter an order prohibiting any
person from being a member of the board of directors, the executive
director, or an officer of a licensee prohibiting the excluded person'
s employment or presence in the facility, or otherwise take
disciplinary action against the excluded person, notwithstanding any
resignation, withdrawal of employment application, or change of
duties by the excluded person, or any discharge, failure to hire, or
reassignment of the excluded person by the licensee or that the
excluded person no longer has contact with clients at the facility.
   (g) A licensee's failure to comply with the department's exclusion
order after being notified of the order shall be grounds for
disciplining the licensee pursuant to Section 1596.885 or 1596.886.
   (h) (1) (A) In cases where the excluded person appealed the
exclusion order and there is a decision and order upholding the
exclusion order, the person shall be prohibited from working in any
facility or being licensed to operate any facility licensed by the
department or from being a certified foster parent for the remainder
of the excluded person's life, unless otherwise ordered by the
department.
   (B) The excluded individual may petition for reinstatement one
year after the effective date of the decision and order of the
department upholding the exclusion order pursuant to Section 11522 of
the Government Code. The department shall provide the excluded
person with a copy of Section 11522 of the Government Code with the
decision and order.
   (2) (A) In cases where the department informed the excluded person
of his or her right to appeal the exclusion order and the excluded
person did not appeal the exclusion order, the person shall be
prohibited from working in any facility or being licensed to operate
any facility licensed by the department or a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
   (B) The excluded individual may petition for reinstatement after
one year has elapsed from the date of the notification of the
exclusion order pursuant to Section 11522 of the Government Code. The
department shall provide the excluded person with a copy of Section
11522 of the Government Code with the exclusion order.




1596.8898.  (a) (1) If the department determines that a person was
issued a license under this chapter or under Chapter 1 (commencing
with Section 1200), Chapter 2 (commencing with Section 1250), 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), or Chapter 3.6
(commencing with Section 1597.30) and the prior license was revoked
within the preceding two years, the department shall exclude the
person from, and remove the person from the position of a member of
the board of directors, the executive director, or an officer of a
licensee of, any facility licensed by the department pursuant to the
chapter.
   (2) If the department determines that a person previously was
issued a certificate of approval by a foster family agency which was
revoked by the department pursuant to subdivision (b) of Section 1534
within the preceding two years, the department shall exclude the
person from, and remove the person from the position of a member of
the board of directors, the executive director, or an officer of a
licensee of, any facility 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, and remove the
person from the position of a member of the board of directors, the
executive director, or an officer of a licensee of, any facility
licensed by the department pursuant to this chapter and as follows:
   (1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, the executive
director, or an officer of a licensee of, any facility 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 where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove the person from the position of a member of the board of
directors, the executive director, or an officer of a licensee of,
any facility 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, and remove the person from
the position of a member of the board of directors, the executive
director, or an officer of a licensee of, any facility licensed by
the department pursuant to this chapter and as follows:
   (1) In cases where the applicant petitioned for a hearing, the
department shall exclude the person from, and remove the person from
the position of a member of the board of directors, the executive
director, or an officer of a licensee of, any facility 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 where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall exclude the person from,
and remove the person from the position of a member of the board of
directors, the executive director, or an officer of a licensee of,
any facility 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 1598.8897 or any other law.
   (e) The department may determine not to exclude a person from, or
remove him or her from the position of, a member of the board of
directors, the executive director, or an officer of a licensee of,
any facility 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.



1596.8899.  The department shall conduct an unannounced visit to a
facility within 30 days after the department serves an order of
immediate exclusion from the facility upon the licensee or a person
subject to immediate removal or exclusion from the facility pursuant
to paragraph (2) of subdivision (c) of Section 1596.871 or
subdivision (c) of Section 1596.8897 in order to ensure that the
excluded person is not within the facility, unless the department
previously has verified that the excluded person is not within the
facility.