(a) When a licensee dies, an adult relative, or other nonrelated adult, who has control of the property may be designated as the responsible party to continue operation of the facility if the following conditions are met:
(1) The licensee has filed a notarized written statement with the department designating the responsible party in the event of death, and the licensee has submitted the following information to the department:
(A) A notarized statement, signed by the designee acknowledging acceptance of designation as responsible party.
(B) A declaration signed by the designee under penalty of perjury regarding any prior criminal convictions.
(2) The designee files an application for licensure pursuant to Section 1569.15 within 20 working days of the date of death, shows evidence satisfactory to the department that he or she has the ability to operate the facility, and provides evidence of the licensee’s death.
(b) A designee under this section shall notify the department of the licensee’s death by the close of business on the department’s next business day following the licensee’s death.
(c) (1) If the designee decides not to apply for licensure, he or she shall notify the department of that decision within five working days of the licensee’s death. If the designee decides not to apply, the department shall assist the designee in the development and implementation of a relocation plan.
(2) If the designee decides to apply for licensure, the department shall decide within 60 days after the application is submitted whether to issue a provisional license pursuant to Section 1569.21. 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.
(d) If the designee complies with this section, he or she shall not be considered to be operating an unlicensed facility while the department decides whether to grant the provisional license.
(Amended by Stats. 1998, Ch. 179, Sec. 1. Effective January 1, 1999.)
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