(a) The department may prohibit a person from being a licensee or a licensee from employing, continuing the employment of, allowing in a licensed medical foster home for veterans, or allowing contact with a veteran resident of a licensed medical foster home for veterans by an employee, prospective employee, or person who is not a veteran resident who has done any of the following: (1) Violated, aided, or permitted the violation by any other person of any provisions of this chapter or of any rules, regulations, or written directives promulgated under this chapter. (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in, or receiving services from, a medical foster home for veterans. (3) Been denied an exemption to work or to be present in a medical foster home for veterans when that person has been convicted of a crime, as defined in Section 1522. (4) Engaged in any other conduct that would constitute a basis for disciplining a licensee or a medical foster home for veterans. (5) Engaged in acts of financial malfeasance concerning the operation of a medical foster home for veterans, including, but not limited to, improper use or embezzlement of veteran resident moneys or property, fraudulent appropriation for personal gain of medical foster home for veterans moneys or property, or willful or negligent failure to provide services. (b) The excluded person and the licensee shall be given written notice of the basis of the departmentâs action and of the excluded personâs right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days of the department serving the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the departmentâs action shall be final. (c) (1) The department may require the immediate exclusion of an employee, prospective employee, or person who is not a veteran resident from a medical foster home for veterans pending a final decision of the matter when, in the opinion of the director, the action is necessary to protect veteran residents from physical or mental abuse, abandonment, or any other substantial threat to their health or safety. (2) If the department requires the immediate exclusion of an employee, prospective employee, or person who is not a veteran resident from a medical foster home for veterans, the department shall serve an order of immediate exclusion upon the excluded person that notifies the excluded person of the basis of the departmentâs action and of the excluded personâs right to a hearing. (3) The department shall conduct an unannounced visit to a medical foster home for veterans within 30 days after the department serves an order of immediate exclusion from the medical foster home for veterans upon a person subject to immediate removal or exclusion from the medical foster home for veterans in order to ensure that the excluded person is not within the medical foster home for veterans, unless the department has previously verified that the excluded person is not within the medical foster home for veterans. (4) Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The departmentâs action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do both of the following upon receipt of a written appeal: (A) Serve an accusation upon the excluded person within 30 days of receipt of the appeal. (B) Conduct a hearing on the accusation within 60 days of receipt of a notice of defense from the excluded person, pursuant to Section 11506 of the Government Code. (5) An order of immediate exclusion from a medical foster home for veterans shall remain in effect until the hearing is
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.