CALIFORNIA ASSN. OF HLT. FACILITIES v. DEPT. OF HLT.

Docket No. S056559.

16 Cal.4th 284 (1997)

CALIFORNIA ASSOCIATION OF HEALTH FACILITIES, Plaintiff and Appellant, v. DEPARTMENT OF HEALTH SERVICES, Defendant and Appellant.

Supreme Court of California.

August 7, 1997.


Attorney(s) appearing for the Case

COUNSEL

Foley, Lardner, Weissburg & Aronson, Mark E. Reagan, Jonathon E. Cohn and J. Mark Waxman for Plaintiff and Appellant.

Hunter, Richey, Di Benedetto & Brewer, Sharon K. Sandeen, Hanson, Bridgett, Marcus, Vlahos & Rudy, Paul A. Gordon, Robert L. Rusky and James A. Napoli as Amici Curiae on behalf of Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Charlton G. Holland III, Assistant Attorney General, Jennifer S. Cady and Edward H. Ochoa, Deputy Attorneys General, for Defendant and Appellant.

Bet Tzedek Legal Services, Eric M. Carlson, Houck & Balisok and Russell S. Balisok as Amici Curiae on behalf of Defendant and Appellant.


OPINION

MOSK, J.

Health and Safety Code section 14241 provides that long-term health care facility licensees, including operators of nursing homes, may receive citations for violations of state and federal statutes and regulations, and that such citations may include the imposition of civil monetary penalties. Section 1424 also provides that the citation "shall be dismissed" if the licensee proves that...

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