§ 87112 — Conditions for Forfeiture of a License

(a)  Conditions for forfeiture of a residential care facility for the elderly license shall be as specified in Health and Safety Code section 1569.19.

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Health and Safety Code section 1569.19 provides in part:

"A license shall be forfeited by operation of law prior to its expiration date when one of the following occurs:

(a)  The licensee sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation, and when the transfer of stock does not constitute a majority change in ownership.  The sale of a facility shall be subject to the requirements of this chapter.

(b)  The licensee surrenders the license to the department.

(c)  The licensee moves the facility from one location to another.  The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process when applying for a license for the new location.

(d)  The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code.

(e)  The licensee dies.  When a licensee dies, the continued operation shall be subject to the requirements of Section 1569.193.

(f)  The licensee abandons the facility."

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(1)  "Licensee abandons the facility" shall mean either of the following:

(A)  The licensee informs the licensing agency that the licensee no longer accepts responsibility for the facility, or

(B)  The licensing agency is unable to determine the licensee's whereabouts after the following:

1.  The licensing agency requests information of the licensee's whereabouts from the facility's staff if any staff can be contacted; and

2.  The licensing agency has made at least one (1) phone call per day, to the licensee's last telephone number of record, for five (5) consecutive workdays with no response; and

3.  The licensing agency has sent a certified letter, requesting the licensee to contact the licensing agency, to the licensee's last mailing address of record with no response within seven (7) calendar days.

NOTE:  Authority cited:  Section 1569.30, Health and Safety Code.  Reference:  Section 1569.19, Health and Safety Code.