California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 3 - Adult Day Programs
Article 2 - Licensing
Section 82006 - Operation Without a License
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An unlicensed day program, as defined in Section 82001(u), is in violation of Health and Safety Code Section 1503.5 or 1508 unless exempted from licensure pursuant to Section 82007.
(b) If the day program is alleged to be in violation of Health and Safety Code Section 1503.5 or 1508, the licensing agency shall conduct a site visit or evaluation of the day program pursuant to Health and Safety Code Section 1538.
(c) If the day program is operating without a license, the licensing agency shall issue a notice of operation in violation of law and may refer the operator for criminal prosecution and civil proceedings.
(d) The licensing agency shall have the authority to issue an immediate civil penalty pursuant to Section 82058, Unlicensed Day Program Penalties, and Health and Safety Code Section 1547.
(e) Sections 82006(c) and (d) shall be applied pursuant to Health and Safety Code Section 1549.
(f) The licensing agency shall notify the appropriate placement or protective service agency if either of the following conditions exist:
1. New section filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
Note: Authority cited: Section 1530 and 1530.1, Health and Safety Code. Reference: Sections 1503.5, 1505, 1508, 1533, 1538, 1540, 1540.1, 1541, 1547 and 1549, Health and Safety Code.
