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32 | 15. During the probationary period, Licensee agrees that it shall not receive or hold any license to operate any facility licensed by the Department, other than the probationary licenses granted in the adopted Stipulation and Waiver. Licensee may be issued a new probationary license solely for a change of location.
16. Licensee agrees that the Department may deny any application for licensure submitted after the probationary period, in whole or in part. Licensee understands that if the license, certification, registration, or approval is denied, Licensee shall be entitled to a hearing, subject to the timely filing of a Notice of Defense, after Licensee has been served with a Statement of Issues.
17. The probationary period is tolled during any period when the facilities are not operating. The probationary period shall be extended by the total time during which the facilities are not operating. If an Accusation or Petition to Revoke Probation is filed during the period of probation, the period of probation shall be extended until a final Decision and Order is adopted by the Department.
18. If Licensee successfully complies with the terms of the Stipulation, at the end of two (2) years from the effective date, the conditions imposed upon Licensee and probationary licenses will expire, and Licensee’s licenses shall be restored in full.
19. Licensee agrees that violation of any of the terms of probation or any of the terms of the Stipulation shall constitute sufficient grounds for revocation of the probationary licenses.
20. Licensee understands that nothing in the Stipulation is to be construed to limit the authority of the Department to impose discipline for violations of statues and regulations applicable to Licensee.
21. Licensee understands that a probation monitoring fee for each facility, equal to the annual fee for each license, will apply during the probationary period.
22. Licensee waives the right to a hearing, to present evidence, to cross-examine witnesses, and to obtain further discovery in this matter.
23. Licensee waives all rights of review arising out of this action, the Stipulation, or the Order implementing it.
24. Licensee understands the Stipulation is a public record as required by section 11517(d) of the Government Code.
An exit interview was conducted with Soledad Escobar, Executive Director, and copies of this report and Licensee Rights were provided to the Executive Director. New licenses will be issued with the probationary status indicated. Soledad Escobar’s signature on this form acknowledges receipt of the report and rights. |