The state can move to bar a caregiver or administrator from any licensed facility — exclusion orders are appealable, but the deadlines are short.

Beyond citing or revoking a facility, Community Care Licensing has the power to bar a specific individual - a caregiver, administrator, or employee - from working in or being present at any licensed facility. This is an exclusion order, and for the person excluded it can end a career in caregiving overnight.

What an exclusion order is

California law authorizes CCLD to exclude an individual from any community care facility, including RCFEs, when the person has engaged in conduct that endangers residents or otherwise makes them unsuitable to be around the vulnerable populations these facilities serve - for example, abuse, neglect, certain criminal conduct, or serious violations. The exclusion can bar the person from employment, presence, or contact with residents at licensed facilities statewide.

The right to appeal

An exclusion order is a serious deprivation, and the affected individual has the right to contest it through the administrative process - filing a timely appeal and getting a hearing before an administrative law judge at OAH. At the hearing, the agency must justify the exclusion, and the individual can challenge the factual basis, present their side, and argue against the exclusion or for a lesser outcome. As always, the deadline to appeal is short, and missing it can make the exclusion final by default.

Why it matters to facilities too

Exclusion orders affect facilities as well as individuals. An operator may be required to remove an excluded person, and employing or allowing an excluded individual can itself be a violation. So both the excluded worker and the facility have a stake in the outcome. The facility should also be careful in hiring and screening, because association with disqualifying conduct can rebound onto the license.

What to do

If you receive an exclusion order, calendar the appeal deadline immediately and request a hearing to preserve your rights. Build the record - the facts, your account, character and work history, and any evidence undermining the agency's basis. The exclusion is not final until the process runs, and a timely, well-prepared appeal is the way to fight it. Counsel experienced in CCLD matters can handle the appeal and the hearing.

The bottom line

An exclusion order bars a specific caregiver, administrator, or employee from working in or being present at licensed care facilities - a career-ending sanction. The individual has the right to a timely appeal and an OAH hearing where the agency must justify the exclusion. The deadline is short; meet it, build the record, and contest both the facts and the remedy. Facilities, too, must heed exclusions in hiring and staffing.

Law Office of Michael Benavides, Esq. — California administrative & licensing defense | CA State Bar No. 270714 | 707-362-4166 | attorneymichaelbenavides.comATTORNEY ADVERTISING. General information about California law, not legal advice; no attorney-client relationship is formed by reading this. Administrative and licensing deadlines are strict and fact-specific — consult counsel promptly. Prior results do not guarantee a similar outcome.