Section 101206
REVOCATION OR SUSPENSION OF LICENSE
(a) The Department has the authority to suspend or revoke a license on any
of the grounds specified in Health and Safety Code Section 1596.885.
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- (1) Health and Safety Code Section 1596.885 provides:
- The department may deny an application for or suspend or revoke any license,
registration, or special permit issued under this act upon any of the following
grounds and in the manner provided in this act:
- (A) Violation by the licensee, registrant, or holder of a special permit
of this act or of the rules and regulations promulgated under this act.
- (B) Aiding, abetting, or permitting the violating of any provision
of this act or of the rules and regulations promulgated under this act.
- (C) Conduct which is inimical to the health, morals, welfare, or safety
or either an individual in or receiving services from the facility or
the people of this state.
- (D) The conviction of a licensee, or other person specified in Section
1596.871, at any time during licensure, of a crime as defined in section
1596.871.
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(b) The Department has the authority to revoke a license pursuant to Health and
Safety Code Section 1596.866, which requires child care personnel as specified
to complete health and safety training.
(c) Proceedings to hear a revocation action, or a revocation and temporary
suspension action, shall be conducted pursuant to Health and Safety Code Sections
1596.886 and 1596.887.
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- (1) Health and Safety Code Section 1596.886 provides in part:
- The Director may temporarily suspend any license or special permit prior
to any hearing when, in the opinion the Director, the action is necessary
to protect any child of the child day care facility from physical or mental
abuse, abandonment, or any other substantial threat to health or safety. The
Director shall notify the licensee or holder of the special permit of the
temporary suspension and the effective date thereof and at the same time shall
serve the provider with an accusation. Upon receipt of a notice of defense
to the accusation by the licensee or the -holder of the special permit, 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
the notice. 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. However, the temporary suspension shall be deemed vacated
if the Director fails to make a final determination on the merits within 30
days after the original hearing has been completed.
- (2) Health and Safety Code Section 1596.887 provides in part:
- Proceedings for the suspension, revocation, or denial of a license under
this chapter shall be conducted in accordance with Chapter 5 (commencing with
Section 11500) of part 1 of Division 3 of Title 2 of the Government Code.
- In all proceedings conducted in accordance with this section, the standard
of proof to be applied shall be the preponderance of the evidence.
- (3) Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title
2 of the Government Code provides in part:
- (A) When the Director intends to seek revocation of a license, he/she
shall notify the licensee of the proposed action; shall concurrently serve
the licensee with an accusation; and advise the licensee of the right
to a hearing.
(d) For a revocation and temporary suspension action, the Director shall request
the Office of Administrative Hearings to hold the hearing as soon as possible
but not later than 30 calendar days after receipt of the notice of defense.
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