(

a) The State Department of Developmental Services may prohibit a vendor from employing, or continuing the employment of, or allowing in a family home, or allowing contact with any adult with a developmental disability placed in a family home by, any employee or prospective employee, who has been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime, except a minor traffic violation. (

b) The employee or prospective employee, and the vendor shall be given written notice of the basis of the department’s action and of the employee’s or prospective employee’s right to a hearing. The notice shall be served either by personal service or by registered mail. Within days after the department serves the notice, the employee or prospective employee may file with the department a written request for a hearing. If the employee or prospective employee fails to file a written request for a hearing within the prescribed time, the department’s action shall be final. (c)

(1) The department may require the immediate exclusion of an employee or prospective employee from a family home agency or family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect any adult with a developmental disability placed in the family home from physical or mental abuse, abandonment, or any other substantial threat to his or her health and safety.

(2) If the department requires the immediate exclusion of an employee or prospective employee from a family home agency or family home, the department shall serve an order of immediate exclusion upon the employee or prospective employee that shall notify the employee or prospective employee of the basis of the department’s action and of the employee’s or prospective employee’s right to a hearing.

(3) Within days after the department serves an order of immediate exclusion, the employee or prospective employee may file a written request for a hearing with the department. The department’s action shall be final if the employee or prospective employee does not file a request for a hearing within the prescribed time. The department shall do the following upon receipt of a written request for a hearing: (

A) Within days of receipt of the request for a hearing, serve an accusation upon the employee or prospective employee. (

B) Within days of receipt of a notice of defense by the employee or prospective employee pursuant to

Section of the Government Code, conduct a hearing on the statement of issues.

(4) An order of immediate exclusion of the employee or prospective employee from the family home agency or family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within days after the original hearing has been completed. (

d) An employee or prospective employee who files a written request for a hearing with the department pursuant to this

section shall, as part of the written request, provide his or her current mailing address. The employee or prospective employee shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated. (

e) Hearings held pursuant to this

section shall be conducted in accordance with

Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. (

f) The department may institute or continue a disciplinary proceeding against an employee or prospective employee upon any ground provided by this section, or enter an order prohibiting the employee’s or prospective employee’s employment or presence in the family home agency or family home or otherwise take disciplinary action against the employee or prospective employee, notwithstanding any resignation, withdrawal of employment application, or change of duties by the employee or prospective employee, or any discharge, failure to hire, or reassignment of the employee or prospective employee by the vendor. (

g) A vendor’s failure to comply with the department’s prohibition of employment or presence in the family home agency or family home shall be grounds for disciplining the vendor pursuant to

Section 4689.4.