来自 Title 22 第6分部第8章「第3条：申请程序」的 16 条重点内容中文说明。如需可搜索、可收藏的版本，请使用互动学习指南。
法规原文（英文）
(a) Any individual, firm, partnership, association, corporation or governmental entity desiring to obtain a license shall file with the licensing agency an application on forms furnished by the licensing agency. The licensee shall cooperate with the licensing agency in providing verification and/or documentation as requested by the licensing agency. The application and supporting documents shall contain the following:Part 1, Page 37
(1) Name or proposed name and address of facility.Part 1, Page 37
(2) Name and address of the applicant and documentation verifying completion by the applicant of certification requirements as specified in Section 87406, Administrator Certification Requirements.Part 1, Page 37
(3) If the applicant is a partnership, the name, signature and principal business address of each partner.Part 1, Page 37
(4) If the applicant is a corporation or association, the name, title and principal business address of each officer, executive director, and member of the governing board. The application shall be signed by the chief executive officer or authorized representative. In addition, a copy of the Articles of Incorporation, Constitution and By-laws, and the name and address of each person owning more than 10 percent of stock in the corporation shall be provided.Part 1, Page 37
(5) If the applicant is a corporation, each member of the board of directors, executive director, and any officer shall list the name of all facilities which they have been licensed to operate, employed by or a member of the board of the directors, executive director or an officer.Part 1, Page 37
法规原文（英文）
(6) Procedures as required pursuant to section 1569.175 of the Health and Safety Code.Part 1, Page 37
(a) In addition to any other requirements of this chapter, any residential care facility for the elderly providing residential care for six or fewer persons at which the owner does not reside shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints. This procedure shall include a method of assuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a response of action taken or a reason why no action needs to be taken.Part 1, Page 38
(b) In order to assure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet residents and learn of problems in the neighborhood, any facility with a nonresident owner shall establish a fixed time on a weekly basis when the owner, licensee, or person designated by the owner or licensee will be present.Part 1, Page 38
(c) Facilities with nonresident owners shall establish procedures to comply with the requirements of this section on or before July 1, 1987.Part 1, Page 38
法规原文（英文）
(7) Name and address of owner of facility premises if applicant is leasing or renting.Part 1, Page 38
(8) The category of facility to be operated.Part 1, Page 38
(9) Maximum number to be served.Part 1, Page 38
(10) The name, residence and mailing addresses of the facility administrator, a description of the administrator's background and qualifications, and documentation verifying the required education and administrator certification.Part 1, Page 38
(11) Copy of the current organizational chart showing type and number of positions and line of authority. However, facilities for less than sixteen persons may furnish, in lieu of an organization chart, a list of positions and the periods of time that persons in these positions will be providing services at the facility.Part 1, Page 38
法规原文（英文）
(12) Evidence pursuant to Health and Safety Code, section 1520(b).Part 1, Page 39
(b) Evidence satisfactory to the department that the applicant is of reputable and responsible character. ... If the applicant is a firm, association, organization, partnership, business trust, corporation or company, like evidence shall be submitted as to the members or shareholders thereof, and the person who will be in charge of the community care facility for which application for issuance of license or special permit is made.Part 1, Page 39
(13) A financial plan of operation on forms provided or approved by the Department. Start-up funds shall be sufficient to meet a minimum of three (3) months operating costs. In addition: (A) Where construction is anticipated to meet the requirements for a license, sufficient financing for the construction shall be available. (B) The scope of the applicant's services shall be such that an adequate quality of service will be permitted from available funds. The licensing agency shall have the right to verify the availability of these funds.Part 1, Page 39
(14) When there is a change of licensee, the required documentation shall include the information specified in Section 87217(k).Part 1, Page 39
(15) Information concerning insurance carried by the applicant relating to the operation of the facility.Part 1, Page 39
| 容量 | 初始申请费 | 年费 |
|---|---|---|
| 1-3 | $495.60 | $495.60 |
| 4-6 | $990.00 | $495.60 |
| 7-15 | $1,486.80 | $742.80 |
| 16-30 | $1,980.00 | $990.00 |
| 31-49 | $2,476.80 | $1,238.40 |
| 50-74 | $2,972.40 | $1,448.00 |
| 75-100 | $3,469.20 | $1,734.00 |
| 101-150 | $3,964.80 | $1,982.40 |
| 151-200 | $4,622.40 | $2,311.20 |
| 201-250 | $5,280.00 | $2,640.00 |
| 251-300 | $5,940.00 | $2,970.00 |
| 301-350 | $6,600.00 | $3,300.00 |
| 351-400 | $7,260.00 | $3,630.00 |
| 401-500 | $8,580.00 | $4,290.00 |
| 501-600 | $9,900.00 | $4,950.00 |
| 601-700 | $11,220.00 | $5,610.00 |
| 701+ | $13,200.00 | $6,600.00 |
法规原文（英文）
(a) An applicant or licensee shall be charged fees as specified in Health and Safety Code section 1569.185.Part 1, Page 40
(a)(1) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license to operate a residential care facility for the elderly. After initial licensure, a fee shall be charged by the department annually on each anniversary of the effective date of the license. The fees are for the purpose of financing activities specified in this chapter. Fees shall be assessed as follows, subject to paragraph (2): [Fee Schedule table]Part 1, Page 40
法规原文（英文）
(b)(1) In addition to fees set forth in subdivision (a), the department shall charge the following fees:Part 1, Page 41
(A) A fee that represents 50 percent of an established application fee when an existing licensee moves the facility to a new physical address.Part 1, Page 41
(B) A fee that represents 50 percent of the established application fee when a corporate licensee changes who has the authority to select a majority of the board of directors.Part 1, Page 41
(D) An orientation fee of fifty dollars ($50) for attendance by any individual at a department-sponsored orientation session.Part 1, Page 41
法规原文（英文）
(b) The annual fee shall be according to existing licensed capacity unless the licensee requests a lower or higher capacity.Part 1, Page 42
(c) An additional fee shall be charged when the licensee requests an increase or decrease in capacity as specified in Health and Safety Code section 1569.185(b)(1)(C).Part 1, Page 42
法规原文（英文）
(e) The fees shall be nonrefundable.Part 1, Page 43
(3) The application fee shall be non-refundable as specified in Section 87156(e).Part 1, Page 44
法规原文（英文）
(a) A license shall be issued for a specific capacity which shall be the maximum number of residents which can be provided care at any given time. The capacity shall be exclusive of any members of the licensee's own family who reside at the facility. However, the licensing agency shall consider the presence of other family members or other persons who reside in the facility in determining capacity in order to ensure and promote proper living arrangements for both the licensee's family and the residents and to ensure the provision of adequate care and supervision for the residents.Part 1, Page 44
法规原文（英文）
(a) The applicant may withdraw an application. However, unless the licensing agency consents in writing to such withdrawal, the Department or licensing agency shall not be deprived of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any such ground.Part 1, Page 45
(b) The fee for processing the application shall be forfeited.Part 1, Page 45
法规原文（英文）
(5) A corporate organizational change, including, but not limited to, change in structure, sale or transfer of the majority of stock, separating from a parent company, or merger with another company. The licensee shall notify the licensing agency of such organizational change within forty-eight (48) hours.Part 1, Page 46
法规原文（英文）
(a) The licensing agency may issue a provisional license to an applicant who has submitted a completed application for an initial license if the licensing agency determines that there are no life safety risks, that the facility is in substantial compliance, as defined in Section 87101(s)(6), with applicable law and regulations, and an immediate need for licensure exists as defined in Section 87101(i)(3).Part 1, Page 46
(1) A provisional license shall not be issued as specified in Health and Safety Code section 1569.1515(b). Health and Safety Code section 1569.1515(b) provides: "(b) The department shall not issue a provisional license or license to any corporate applicant that has a member of the board of directors, the executive director, or an officer who is not eligible for licensure pursuant to sections 1569.16 and 1569.59."Part 1, Page 46
(b) The capacity of a provisional license shall be limited to the number of residents for whom immediate need has been established, or the capacity established for the specific facility, whichever is less.Part 1, Page 46
(c) A provisional license shall not be renewable and shall terminate on the date specified on the license, or upon denial of the application, whichever is earlier.Part 1, Page 46
(1) A provisional license may be issued for a maximum of six (6) months when the licensing agency determines that full compliance with licensing regulations will be achieved within that time period.Part 1, Page 46
(2) A provisional license may be issued for a maximum of twelve (12) months when the licensing agency determines, at the time of application, that more than six (6) months is required to achieve full compliance with licensing regulations due to circumstances beyond the control of the applicant.Part 1, Page 47
法规原文（英文）
(a) Except as specified in Section 87162(a), which provides that the applicant may be issued a provisional license based upon substantial compliance and immediate need, the licensing agency shall deny an application for an initial license if it is determined that the applicant is not in compliance with applicable law and regulations.Part 1, Page 47
(b) The licensing agency shall have the authority to deny an application for an initial license if the applicant has failed to pay any civil penalty assessments pursuant to Section 87768, Unlicensed Facility Penalties, and in accordance with a final judgment issued by a court of competent jurisdiction, unless payment arrangements acceptable to the licensing agency have been made.Part 1, Page 47
(c) The licensing agency shall have the authority to deny an initial application if the applicant does not comply with Sections 87155(a)(2) and (9), and Health and Safety Code sections 1569.1515(b) and 1569.50.Part 1, Page 47
法规原文（英文）
(a) The department may deny an application for a license or may suspend or revoke any license issued under this chapter upon any of the following grounds and in the manner provided in this chapter: (1) Violation by the licensee of this chapter or of the rules and regulations adopted under this chapter. (2) Aiding, abetting, or permitting the violation of this chapter or of the rules and regulations adopted under this chapter. (3) Conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California. (4) The conviction of a licensee, or other person mentioned in Section 1569.17 at any time before or during licensure, of a crime as defined in Section 1569.17. (5) Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services for the care of clients.Part 1, Page 48
法规原文（英文）
(d) If the application for an initial license is denied, the application processing fee shall be forfeited.Part 1, Page 48
(e) If the application for an initial license is denied, the licensing agency shall send a written notice of denial by certified mail. The notification shall inform the applicant of the denial; set forth the reasons for the denial; and advise the applicant of the right to appeal.Part 1, Page 48
法规原文（英文）
(f) Except as otherwise specified by Health and Safety Code section 1569.50(d), an applicant may appeal the denial of the application by sending a written notice of appeal to the licensing agency within 15 days of the postmark date of the denial notice.Part 1, Page 49
(d) A licensee who abandons the facility and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, in addition to revocation of the license pursuant to this section, shall be excluded from licensure in facilities licensed by the department without the right to petition for reinstatement.Part 1, Page 49