(a) The Department shall have the authority to suspend or revoke any license for the following reasons:
(1) Violation by the licensee of any of the laws, rules and regulations governing family child care homes.
(2) Aiding, abetting, or permitting the violation of any of the laws, rules, and regulations governing family child care homes.
(3) Conduct in the operation of maintenance of a family day care home which 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.
(4) The conviction of a licensee, or other person specified in Section 102369(b)(8), as any time during licensure, of a crime as defined in Sections 102370(b) and (c).
(5) Failure to comply with the requirements for training in preventive health practices, including pediatric cardiopulmonary resuscitation and pediatric first aid, as specified in Health and Safety Code Section 1596.866.
(b) The Director may temporarily suspend any license prior to any hearing when, in the opinion of the Director, the action is necessary to protect any child in a family child care home from physical or mental abuse, abandonment or any other substantial threat to health or safety.
(c) The Director shall notify the licensee of the temporary suspension and the effective date thereof and at the same time shall serve the provider with an accusation.
(1) Upon receipt of a notice of defense to the accusation by the licensee, the Director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible, but not later than 30 days after receipt of the notice.
(d) The temporary suspension shall remain in effect until such time as the hearing is completed and the Director has made a final determination on the merits.
(1) The temporary suspension shall be deemed vacated if the Director fails to make a final determination of the merits within 30 days after the original hearing has been completed.
Credits
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.866, 1596.885 and 1596.886, Health and Safety Code.
1. New section filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
2. Renumbering of former section 102402 to new section 102393, and renumbering and amendment of former section 102393 to new section 102402 filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 22, § 102402, 22 CA ADC § 102402
