Violation

California Code § 87355(e)(4)Exemption Transfer Approval

How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.

Type A, seriousAffects rcfe30 facilities cited in the last 90 days

ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

Regulation text

What California Code § 87355(e)(4) actually says

California Code § 87355(e)(4)

Request and be approved for a transfer of a criminal record exemption, as specified in Section 87356(r), unless, upon request for a transfer, the Department permits the individual to be employed, reside or be present at the facility.

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

28 California RCFEs received Type A citations for this violation. LPAs request personnel files and cross-check exemption records during every inspection. Before any new hire with an exemption starts, confirm written transfer approval from CDSS is on file. One unverified hire triggers a Type A citation and a mandatory follow-up visit.

By the numbers

30^*CCLD: facilities cited in the last 90 days
11^*CCLD: counties where this citation appeared
--^*CCLD: rank among most-common citations
Trajectory: Steady

30 facilities were cited for this in the last 90 days. See if yours is one of them.

Check a facility

What other providers do

Common practices to stay clear of Exemption Transfer Approval

Common practices shared by providers. Confirm requirements with your licensing analyst.

Common practices

Submit a transfer request for any employee with an existing criminal record exemption
Receive written approval before the employee begins work at your facility
Maintain documentation of the approved transfer in the personnel file
Verify exemption status during the hiring process for all new staff

What to avoid

Allowing a new hire with an exemption to start before transfer approval arrives
Assuming an exemption from one facility automatically applies at another
Failing to check whether a new employee has a criminal record exemption
Not keeping transfer approval documentation accessible for LPA review

Regional record

Where this citation appeared in the past 90 days

Citation counts and rates by California county, drawn from CCLD inspection records.

Regional citations for Exemption Transfer Approval, last 90 days
County	Citations	Facilities	Citation rate
San Mateo	7	--	--
Los Angeles	4	--	--
San Bernardino	4	--	--
San Diego	3	--	--
Orange	2	--	--
Ventura	2	--	--
Santa Clara	2	--	--
Kern	1	--	--
Fresno	1	--	--
Solano	1	--	--

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citations2026-05-30Updated weekly

FAQ

Frequently asked questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

What is a criminal record exemption transfer violation?

A criminal record exemption transfer violation occurs when an employee with a criminal record exemption works at a new RCFE without an approved transfer. Title 22, Section 87355(e)(4) requires the individual to request and receive approval before starting work at the new facility. This applies unless the Department grants interim permission. The rule protects residents from unvetted staff with criminal histories working in their community.

How common is the exemption transfer violation in California assisted living?

According to California CCLD inspection records, 28 RCFEs received 30 citations for criminal record exemption transfer violations. These are classified as Type A deficiencies because an unapproved worker poses a direct and immediate risk. San Mateo County had the most at 7 facilities, followed by Los Angeles and San Bernardino with 4 each. Verify every new hire's exemption status before their first shift.

What happens if an RCFE is cited for an exemption transfer violation?

A Type A citation is issued when an employee works without an approved exemption transfer, and Type A citations carry higher civil penalties than Type B. The facility must remove the individual from direct resident contact until the transfer is approved. LPAs will conduct a follow-up visit to confirm compliance. Repeated violations can escalate to additional enforcement actions.

How do I fix or prevent a criminal record exemption transfer citation?

Before any new hire starts, verify whether they hold an existing criminal record exemption from a prior facility. If so, submit a transfer request to CDSS and wait for written approval before the employee begins work. Keep the approval letter in the personnel file. Add an exemption verification step to your hiring checklist. This takes minutes but prevents a Type A citation.

Does a criminal record exemption violation affect my RCFE license?

Yes. Type A citations appear on your public licensing record and can increase inspection frequency. Multiple Type A staffing violations can result in a compliance plan, conditions on your license, or a non-compliance conference with Community Care Licensing. Families can view these citations on the CCLD public database, which may affect your community's reputation and occupancy.

Related violations

Other citations in this regulation family

This information is educational and does not constitute legal advice. Consult a licensed residential care compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.

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