Habrun

I

Ivan and Virginia Habrun appeal a judgment refusing to reinstate their license to operate a residential care facility for the elderly, claiming Health and Safety Code section 1550 is unconstitutional; prejudice from Ivan being denied a Slavic interpreter, and by being denied a continuance to adequately prepare their defense.

The Habruns operated a residential care facility for the elderly in El Cajon until August 1, 1980, when the state Department of Social Services summarily suspended their operation under section 1550 pending a hearing on the allegations. The Habruns were accused of multiple violations, including allegations of physical abuse and negligence endangering the health and safety of their residents. They incorrectly claim section 1550 unconstitutionally deprives them of due process because it allows the state to suspend their business permit before any adjudicative hearing at which they could defend against the accusations.

At the end of a lengthy hearing, the administrative law judge found Ivan had used excessive force against three residents; the coffee and milk served at the facility were watered down; and, on one occasion, a gate to the swimming pool…