Section 1793.27.
1793.27. (a) If the department finds that any entity has violated Section 1793.5 or one or more grounds exist for conditioning, revoking, or suspending a permit to accept deposits, provisional certificate of authority, or a certificate of authority issued under this chapter, the department, in lieu of the condition, revocation, or suspension, may impose an […]
Section 1793.29.
1793.29. In the case of any violation or threatened violation of this chapter, the department may institute a proceeding or may request the Attorney General to institute a proceeding to obtain injunctive or other equitable relief in the superior court in and for the county in which the violation has occurred or will occur, or […]
Section 1793.31.
1793.31. (a) The district attorney of every county may, upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation of this chapter within his or her county. (b) This chapter shall not limit or qualify the powers of the district attorney to institute and conduct the […]
Section 1793.5.
1793.5. (a) An entity that accepts deposits and proposes to promise to provide care without having a current and valid permit to accept deposits is guilty of a misdemeanor. (b) An entity that accepts deposits and fails to place any deposit received into an escrow account as required by this chapter is guilty of a […]
Section 1793.6.
1793.6. (a) The department may issue citations pursuant to this section containing orders of abatement and assessing civil penalties against any entity that violates Section 1771.2 or 1793.5. (b) If upon inspection or investigation, the department has probable cause to believe that an entity is violating Section 1771.2 or 1793.5, the department may issue a […]
Section 1793.7.
1793.7. A permit to accept deposits, a provisional certificate of authority, or a certificate of authority shall be forfeited by operation of law when any one of the following occurs: (a) The applicant terminates marketing for the proposed continuing care retirement community. (b) The applicant or provider surrenders to the department its residential care facility […]
Section 1793.8.
1793.8. A Certificate of Authority shall be automatically inactivated when a provider voluntarily ceases to enter into continuing care contracts with new residents. The provider shall notify the department of its intention to cease entering into continuing care contracts and shall continue to comply with all provisions of this chapter until all continuing care contract […]
Section 1793.9.
1793.9. (a) In the event of receivership or liquidation, all claims made against a provider based on the provider’s continuing care contracts shall be preferred claims against all assets owned by the provider. However, these preferred claims shall be subject to any perfected claims secured by the provider’s assets. (b) If the provider is liquidated, […]
Section 1793.11.
1793.11. (a) Any transfer of money or property, pursuant to a continuing care contract found by the department to be executed in violation of this chapter, is voidable at the option of the resident or transferor for a period of 90 days from the execution of the transfer. (b) Any deed or other instrument of […]
Section 1793.13.
1793.13. (a) The department may require a provider to submit a financial plan and periodic financial reports if any of the following apply: (1) A provider fails to submit to the department an audited annual report as required by Section 1790. (2) The department has reason to believe that the provider is insolvent, is in imminent danger of […]