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California

Operation Without a License.

22 CCR 82006

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22 CCR 82006

22 CCR 82006

§ 82006. Operation Without a License.

(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)

There is an immediate threat to the clients' health and safety.

(2)

The program operator has not submitted an application for licensure within 15 calendar days of being served a Notice of Operation in Violation of Law (LIC 195).