(a)  When a licensee dies, an adult relative who has control of the property may continue operation of the facility if the following conditions are met:

(1)  The department receives notification of the death during the next normal workday and is informed of the relative’s intent to continue operating the facility as a residential care facility for persons with chronic, life-threatening illnesses.

Terms Used In California Health and Safety Code 1568.064

  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(2)  The relative files application, within five days of the date of death, shows evidence satisfactory to the department that he or she has the ability to operate the facility, submits his or her fingerprint card, and provides evidence of the licensee’s death.

(b)  The department shall make a decision within 60 days after the application is submitted on whether to issue a provisional license pursuant to Section 1568.062. A provisional license shall be granted only if the department is satisfied that the conditions specified in subdivision (a) have been met and that the health and safety of the residents of the facility will not be jeopardized.

(c)  If the relative complies with subdivision (a), he or she shall not be considered to be operating an unlicensed facility while the department decides whether to grant the provisional license.

(Added by Stats. 1990, Ch. 1333, Sec. 1.5.)

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