California Assisted Living Facility License Defense Attorney

California Department of Social Services License Defense Lawyer

The California Department of Social Services, known as CDSS, licenses Assisted Living Facilities in the State of California. Most California Assisted Living Facilities have minimal or no contact with the enforcement arm of the California Department of Social Services. For Assisted Living Facilities who become part of the California Department of Social Services’ disciplinary process, the consequences are profound. The Assisted Living Facility License disciplinary process is complex, procedural and time consuming. Assisted Living Facilities facing the California Department of Social Services disciplinary process should seek legal representation from an experienced California Assisted Living Facility License Defense Attorney.

California Department of Social Services Investigation Defense Lawyer

The majority of California Department of Social Services investigations begin with the filing of a consumer Complaint. However, California Department of Social Services Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Social Services employs non sworn Licensing Program Analysts (LPAs) to conduct non criminal investigations. The California Department of Social Services employs sworn Peace Officer Investigators to conduct criminal investigations against Assisted Living Facilities. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Social Services disciplinary process. At the conclusion of a California Department of Social Services investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California Department of Social Services Legal Division. The California Department of Social Services Legal Division will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Assisted Living Facility Licensee facing a California Department of Social Services investigation, contact a California Department of Social Services License Defense Attorney for representation.

California Assisted Living Facility License Accusation Defense Attorney

A formal Accusation served on a California Assisted Living Facility Licensee serves as notice to an Assisted Living Facility that the Department intends to revoke the Assisted Living Facilities’ License. The Assisted Living Facility, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Assisted Living Facility. A Default will result in the immediate Revocation of the Assisted Living Facilities License.

An Accusation is a serious matter that can result in the suspension or revocation of an Assisted Living Facility License in California. In many cases, it is possible for Assisted Living Facilities to reach a Stipulated Agreement with the California Department of Social Services. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH). Assisted Living Facilities facing a California Department of Social Services Accusation should contact an experienced California Assisted Living Facility License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Assisted Living Facilities include:

California Assisted Living Facility License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Social Services can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Social Services’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows an Assisted Living Facility to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Assisted Living Facility can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Assisted Living Facilities facing a California Department of Social Services Administrative Law Hearing need effective representation from a California Assisted Living Facility License Defense Lawyer.

California Assisted Living Facility License and Criminal Convictions

The California Department of Social Services can discipline Assisted Living Facility owners, corporate officers and staff members for criminal convictions. California Department of Social Services discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Assisted Living Facility owner, corporate officer or staff member. Common criminal offenses that can cause Assisted Living Facility License discipline are:

The California Department of Social Services and other law enforcement agencies also investigate criminal conduct by Assisted Living Facility staff members in the course and scope of their trade. Criminal investigations often involve Assisted Living Facility staff members engaged in Elder Abuse and Theft. In serious criminal cases against Assisted Living Facility staff members pending in Criminal Court, the California Department of Social Services and the Department of Social Services Legal Division may seek a California Penal Code § 23 Order against the Assisted Living Facilities’ staff members. A California Penal Code § 23 Order seeks to suspend an Assisted Living Facility License and bar staff members from facilities in Criminal Court.

Assisted Living Facility owners, corporate officers, and staff members facing criminal charges and Assisted Living Facilities who are convicted of criminal offenses need an experienced California Assisted Living Facility License Defense Attorney for representation in disciplinary proceedings before the California Department of Social Services.

California Assisted Living Facility License Statement of Issues Attorney

The California Department of Social Services thoroughly investigates all applicants for Assisted Living Facility Licenses. The California Department of Social Services may deny a California Assisted Living Facility License for a variety of reasons. Most California Assisted Living Facility License denials occur due to criminal convictions, financial problems or misstatements on the Assisted Living Facility License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied an Assisted Living Facility License should contact a California Assisted Living Facility License Denial Lawyer for representation in a California Department of Social Services Statement of Issues Hearing.

California Assisted Living Facility License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Assisted Living Facilities who have received an Assisted Living Facility License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Assisted Living Facility License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Social Services. A successful Assisted Living Facility License Petition for Reinstatement requires representation by an experienced California Assisted Living Facility License Defense Attorney.