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32 | (PAGE 4) REPORT CONTINUED FROM LIC 809-C Page 3...
3. FUTURE APPLICATION FOR A LICENSE, REGISTRATION, CERTIFICATION OR APPROVAL: A. Licensure, Certification, or Approval: Respondents agree they shall not apply for, receive, or hold any license to operate any facility licensed by the Department of Social Services as defined in sections 1502(a), 1506(c), 1568, 1568.01, 1569.2, 1596. 78, 1596. 750, and 1796.37 of the Health and Safety Code and California Code of Regulations, title 22, section 102352(f)(1)), other than the probationary licenses granted herein... B. Application Denial: Respondents agree that future applications may be denied based on this agreement’s findings, but they retain the right to a hearing if they file a timely appeal or Notice of Defense.
4. TOLLING OF PROBATIONARY PERIOD: The probationary period pauses when the facility isn’t operating and extends accordingly. If a revocation petition is filed, probation continues until the Department issues a final decision.
5. COMPLETION OF PROBATION: If Respondents meet the Stipulation terms, their license conditions will expire after 18 months, and licenses will be fully restored, except for items in the Plan of Operation. Each Belmont Village location will be evaluated separately.
6. VIOLATION OF STIPULATION TERM: Respondents agree that serious violations of probation terms may lead to license revocation, subject to a hearing. If found responsible, the license will be revoked, and notice may be served by certified mail.
7. DEPARTMENT'S AUTHORITY: The Department may delay disciplinary action without waiving its right to act later. If a revocation is filed during probation, the probation period extends until a final decision is issued.
8. MONITORING FEE: Each Respondent must pay a probation monitoring fee equal to the annual license fee during probation.
9. WAIVER OF HEARING RIGHTS: The parties waive their rights to a hearing, presenting evidence, cross-examining witnesses, and further discovery.
10. WAIVER OF APPEAL/MODIFICATION RIGHTS: Respondents waive all rights to challenge, appeal, or seek changes to this action, Stipulation, or its implementing Order.
11. WAIVER OF CLAIMS: The parties waive all legal claims related to this matter, except for civil penalties, monitoring fees, and audit-related actions involving payment adjustments.
12. PUBLIC RECORD: This Stipulation is a public record and accessible under the Public Records Act.
13. SIGNATURES: A fax, digital, or scanned signature binds the signer once all parties and the Order are executed.
14. COUNTERPARTS: This Stipulation may be executed in counterparts. Report continued on LIC809-C PAGE 5... |