Sacramento Law Group

Temporary Suspension Orders & RCFE’s

A temporary suspension order is served in conjunction with an administrative action to revoke an RCFE license when CCLD believes a condition or circumstance exists which creates an imminent risk to the residents health and safety such that the RCFE must immediately cease operations.

RCFE’s served with a temporary suspension order will face greater difficulty saving their license when appealing the revocation.  As stated in C.C.L.D.’s Reference Manual for Enforcement Actions, the Legal Division will not approve a settlement without substantial justification that allows an R.C.F.E. whose license has been temporary suspension ordered to continue in operation.  (See pages 101-102).  Accordingly, a residential care facility for the elderly who has received a temporary suspension order should retain legal representation right away.  With effective legal representation respondents may be able to supply substantial justification for continued operations with a probationary license or receive a proposed decision in their favor.  To schedule a free consultation with RCFE defense attorney Adam Garcia call Sacramento Law Group at (916) 596-1018.

You Need to Speak with an Attorney

The temporary suspension order will complicate your appeal of the license revocation action.  Accordingly, it is important to speak with a license defense attorney right away.  Not only do you have a limited amount of time to file a Notice of Defense, but your hearing date will be scheduled much sooner than if you had not received a temporary suspension order.  (TSO respondents receive an early hearing date due to the suspension of their license and livelihood).  Given the accelerated appeal process and added resistance by the Department to settle your case, the services of an effective RCFE license defense attorney can make the difference between keeping and losing your license.

Not A Straight Revocation

A straight revocation action is an administrative action by the Department which does not involve a temporary suspension order.  In a straight revocation action the R.C.F.E. is served with the Accusation (usually by mail) and related documents which notifies the licensee of the administrative action to revoke their license.  The licensee is permitted to continue operations until their license is officially revoked.  In contrast, where a temporary suspension order has been served the license to operate a residential care facility for the elderly is temporarily suspended, effectively ceasing operation of the business.  The temporary suspension order will expire 30 days after the close of the hearing even if a final decision has not been adopted by the Department.

Disclaimer

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. The information contained in this website is for informational purposes only and is not legal advice. Furthermore, the information contained in this website is not guaranteed to be up to date, accurate, or complete. An attorney-client relationship can only be established by signing a representation agreement.
*$900 Chapter 7 Bankruptcy Fee Disclaimer: While most cases qualify for the above fee, some cases are complex. Consequently, the above fee is only a sample fee (not a specific or guaranteed fee) and is subject to change at any time due to the necessity of charging more for complex cases. The sample chapter 7 fee represents the typical fee for a simple no-asset chapter 7 case. The $900 fee is only available to residents of the following counties: Sacramento, Placer, Yolo, Solano and San Joaquin. Residents of other counties may be charged more.