Cal. Code Regs. tit. 22 § 87106

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 87106 - Operation Without a License

(a) An unlicensed facility as defined in Section 87101(u)(2) is in violation of section 1569.10, 1569.44 and/or 1569.45 of the Health and Safety Code unless the facility is exempted from licensure under Section 87101(a).

(b) If the facility is alleged to be in violation of section 1569.10 and/or 1569.44 and/or 1569.45 of the Health and Safety Code, the licensing agency shall conduct a site visit and/or evaluation of the facility pursuant to Health and Safety Code section 1569.35.

(c) If the facility is operating without a license, the licensing agency shall issue a Notice of Operation in Violation of Law, and shall refer the case for criminal prosecution and/or civil proceedings.

(d) The licensing agency shall issue an immediate civil penalty pursuant to Section 87768, Unlicensed Facility Penalties and Health and Safety Code section 1569.485.

(e) Sections 87106(c) and (d) shall be applied in any combination deemed appropriate by the licensing agency.

(f) The licensing agency shall notify the appropriate local or state Ombudsman, placement, or adult protective service agency if either of the following conditions exist:

(1) There is an immediate threat to the resident's health and safety.

(2) The facility does not submit an application for licensure within 15 calendar days of being served a Notice of Operation in Violation of Law.

Cal. Code Regs. Tit. 22, § 87106

1. Amendment filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
2. Change without regulatory effect filed 11-17-88 (Register 88, No. 49).
3. Change without regulatory effect of subsection (a) pursuant to section 100, title 1, California Code of Regulations filed 10-31-89 (Register 89, No. 49).
4. Change without regulatory effect amending lettering and correcting cross-references filed 5-28-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
5. Change without regulatory effect amending subsections (a) and (d) filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).

Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1569.10, 1569.145, 1569.19, 1569.335, 1569.35, 1569.40, 1569.405, 1569.41, 1569.42, 1569.43, 1569.44, 1569.45, 1569.47, 1569.485 and 1569.495, Health and Safety Code.