Section 81028 - Capacity Determination(a) A license shall be issued for a specific capacity.(b) The number of persons for whom the facility is licensed to provide care and supervision shall be determined on the basis of the application review by the licensing agency, which shall take into consideration the following: (1) The fire clearance specified in Section 81020.(2) The licensee's/administrator's ability to comply with applicable law and regulation.(3) Any other household members, including but not limited to persons under guardianship or conservatorship, who reside at the facility and their individual needs.(4) Physical features of the facility, including available living space, which are necessary in order to comply with regulations.(5) Number of available staff to meet the care and supervision needs of the clients.(6) Any restrictions pertaining to a social rehabilitation facility.(c) The licensing agency shall be authorized to issue a license for fewer clients than is requested when the licensing agency determines that: (1) The licensee's responsibilities to other persons in the home, including persons under guardianship and conservatorship, would preclude provision of the care required by these regulations.(d) When the license is issued for fewer clients than requested, the licensee shall be notified in writing of the reasons for the limitation and of the licensee's rights to appeal the decision as specified in Section 81040.(e) The licensing agency shall have the authority to decrease existing licensed capacity with the licensee's agreement, when there is a change in any of the factors specified in Section 81028(b) above. (1) If the licensee does not agree to the decrease in capacity, the licensing agency shall have the authority to initiate revocation action as specified in Section 81042.(f) The licensing agency shall be authorized to restrict care to specific individuals. (1) If care and supervision is limited to specific individuals, the licensing agency shall specify the names of the individuals in a letter to the licensee.(2) Except where the limitation is requested by the licensee, the licensee shall be notified in writing of the reasons for such limitation and of the licensee's right to appeal the decision as specified in Section 81040.Cal. Code Regs. Tit. 22, § 81028
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2). Note: Authority cited: Section 1530, Health and Safety Code; and Section 10554, Welfare and Institutions Code. Reference: Sections 5670 and 5671, Welfare and Institutions Code; and Sections 1501, 1524, and 1531, Health and Safety Code.
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).