Welcome to the California Department of Alcohol and Drug Programs
California Code of Regulations
Title 9. Rehabilitation and Developmental Services
Division 4. Department of Alcohol and Drug Programs
Chapter 5. Licensure of Residential Alcoholism or Drug Abuse Recovery
Subchapter 2. Licensing Process
Article 6. Enforcement


§10540. Denial of Licensure.

(a) The Department may deny an application for a license for any of the following reasons:
(1) Review of the application indicates that the applicant is not in compliance with the provisions of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code and the requirements of this chapter;
(2) The applicant fails to remedy each deficiency identified pursuant to Section 10544 of this chapter;.
(3) The facility is not in substantial compliance with this chapter; or
(4) The applicant fails to pay any civil penalty assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550.
(b) If the Department denies an application for licensure, the Department shall send a written notice of denial to the applicant by certified mail. The notice shall:
(1) Explain the reasons for denial;
(2) Notify the applicant that he/she shall cease operating the alcoholism or drug abuse recovery or treatment facility within 10 days of the date of the notice;
(3) Advise the applicant of his/her right to a hearing in accordance with the provisions of Chapter 5, (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code;
(4) Notify the applicant that the Department shall assess a civil penalty of two hundred ($200) dollars a day, beginning on the 11th day after the date of the notice, if the applicant continues to operate an unlicensed facility.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.01, 11834.30, 11834.31, 11834.36 and 11834.37, Health and Safety Code; and Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2, Government Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of section heading, text and Note filed 4-18-94; operative 5-18- 94 (Register 94, No. 16).

9. Change without regulatory effect renumbering and amending article heading filed 11-17-94 pursuant to section 100, title 1, California Code ofRegulations (Register 94, No. 46).




§10541. Types of Deficiencies.

(a) As used in this chapter, "deficiency" means failure to comply with any provision of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code, or the regulations contained in this chapter. Deficiencies shall be classed as Class A, B, or C deficiencies as defined in this section.
(b) A Class A deficiency is any deficiency which presents an imminent danger to any resident of the facility. As used in this Chapter, "imminent danger" means that the more likely consequence of the deficiency is death or physical injury which would:
(1) Render a part of the body functionally useless or temporarily or permanently reduced in capacity, or
(2) Inhibit any function of the body to such a degree as to shorten life or to reduce physical or mental capacity.
(c) A Class B deficiency is any deficiency relating to the operation or maintenance of the facility which has a direct or immediate relationship to the physical health, mental health, or safety of facility residents.
(d) A Class C deficiency is a deficiency relating to the operation or maintenance of the facility which the Department determines has only a minimal relationship to the health or safety of facility residents.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34 and 11834.50, Health and Safety Code.

HISTORY
1. Repealer and new section filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 87, No. 43.

2. Repealer and new section filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Repealer and new section refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-16-97 emergency transmitted to OAL 10-29- 97 and filed 12-15-97 (Register 97, No. 51).




§10542. Investigation of Complaints Regarding Unlicensed Facilities.

(a) If an unlicensed facility provides residential alcoholism or drug abuse recovery or treatment services, the facility is operating in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section 10505 of the California Code of Regulations.
(b) If an unlicensed facility is alleged to be in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section 10505 of the California Code of Regulations, the Department shall conduct an investigation.
(c) If the Department determines, as the result of its investigation, that an unlicensed facility is operating in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section 10505 of the California Code of Regulations, the Department shall deliver to the facility, in person or by certified mail, a notice which shall notify the operator of the facility that the facility is operating without a license, in violation of Section 11834.30 of the Health and Safety Code and Section 10505 of this chapter. If delivered in person, the notice shall be delivered within ten (10) working days of the completion of the investigation. If mailed by certified mail, the notice shall be postmarked within ten (10) working days of the completion of the investigation. The completion of the complaint investigation is when all evidence has been inspected and witnesses who are relevant to the allegations have been interviewed.
(d) The Department shall not disclose the identity of the complainant unless authorized in writing by the complainant.
(e) Within ten (10) working days of receipt of the complaint, the Department shall initiate an investigation by assigning the complaint to a Departmental complaint investigator.
(1) The Department shall order the operator of the unlicensed facility to cease operation immediately upon receipt of the notice. Upon receipt of the notice, the unlicensed facility shall, within fifteen (15) days of receipt of the notice, respond in writing that the facility has ceased providing all alcoholism or drug abuse recovery or treatment services. The written response shall be postmarked no later than the date specified in the notice.
(2) The notice of operation in violation of law shall specify that the Department will take action in accordance with Subsection (g) of this regulation if the unlicensed facility fails to cease operation immediately upon receipt of the notice and fails to notify the Department of such cessation within fifteen (15) days of the receipt of the notice.
(f) The complaint investigator may interview residents and/or facility staff in private, and inspect relevant records without the prior consent of the facility operator.
(g) If the unlicensed facility fails to cease operation immediately upon receipt of the notice of operation in violation of law and fails to notify the Department of such cessation within fifteen (15) days of the receipt of the notice, on the 16th day the Department shall:
(1) Assess a civil penalty of two hundred ($200) dollars per day against the operator of the unlicensed facility.
(A) If the facility operator or his/her representative provides written notification to the Department that the unlicensed facility has ceased operation, the civil penalty shall cease as of the date the notification is postmarked.
(B) The Department may conduct a site visit to verify that the unlicensed facility is no longer in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section 10505 of the California Code of Regulations. If the site visit indicates that the unlicensed facility is still in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5 of Division 4, Title 9, Section 10505 of the California Code of Regulations, the Department may assess the two hundred ($200) dollars per day civil penalty without interruption from the date the facility received the notice of operation in violation of law.
(2) Petition the superior court in and for the county in which the violation occurred to enjoin the unlicensed operation of the facility. Any such action shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure, except that the Director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss.
(h) All civil penalties, assessed pursuant to this regulation and adjudicated pursuant to Section 10550, shall be due and payable upon receipt of a notice of payment issued by the Department, and shall be paid by certified check or money order made payable to the Department of Alcohol and Drug Programs.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.30, 11834.31, 11834.32 and 11834.45, Health and Safety Code.

HISTORY
1. Renumbering and amendment of former section 10542 to section 10548 and renumbering of section 10544 to section 10542 filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 87, No. 43.

2. Repealer and new section filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Editorial correction of subsection (h) (Register 97, No. 25).

4. Repealer and new section refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-16-97 emergency, including amendment of subsections (e)(1) and (e)(2), transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).




§10543. Investigation of Complaints Regarding Licensed Facilities.

(a) Any person may request an inspection of an alcoholism or drug abuse recovery or treatment facility by contacting the Department in person, by telephone or in writing, or by any other automated or electronic means.
(b) The Department shall not disclose the identity of the complainant unless authorized in writing by the complainant.
(c) Within ten (10) working days of receipt of the complaint, the Department shall initiate an investigation by assigning the complaint to a Departmental complaint investigator.
(d) The complaint investigator may conduct a site investigation of the facility, with or without advance notice, at any reasonable time, upon presentation of proper identification, in order to determine compliance with the provisions of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code, and the requirements of this chapter.
(e) At the completion of the site investigation the complaint investigator may conduct a face-to-face exit interview with the licensee or his/her designee to discuss the progress of the investigation. If the complaint investigator does not conduct a face-to-face exit interview, the complaint investigator shall conduct a telephone interview with the licensee or his/her designee as soon as possible upon conclusion of a site investigation and document in the investigation report or notice of deficiency why he/she did not conduct a face-to-face exit interview.
(f) The complaint investigator may interview residents and/or facility staff in private, and inspect relevant licensee records without the prior consent of the licensee.
(g) The complaint investigator shall notify the licensee orally or in writing when the complaint investigation is complete. If notified orally, such notification shall be documented on the reverse of the complaint form.
(h) If the complaint investigation discloses deficiencies, the complaint investigator shall prepare a written notice of deficiency, listing all deficiencies. The complaint investigator shall provide a written notice of deficiency to the licensee or his/her designee, in person before leaving the facility, or by certified mail. If mailed, the notice of deficiency shall be postmarked within ten (10) working days of completion of the complaint investigation, pursuant to subsection (g) of this regulation. Completion of the complaint investigation is when all evidence has been inspected and witnesses who are relevant to the allegations have been interviewed. If any Class A deficiencies have been cited, before leaving the facility the complaint investigator shall provide the written notice of deficiency to the licensee or his/her designee.
(i) The notice of deficiency shall specify:
(1) The section number, title, and code of each statute or regulation which has been violated;
(2) The manner in which the licensee failed to comply with a specified statute or regulation, and the particular place or area of the facility in which it occurred;
(3) The date by which each deficiency shall be corrected; and
(4) The amount of civil penalty to be assessed in accordance with Section 10547 and the date the Department shall begin to assess the penalty, if the licensee fails to correct the noticed deficiencies or comply by the date in the approved corrective action plan.
(j) The notice of deficiency shall require the licensee to correct deficiencies as specified below:
(1) Class A deficiencies shall be abated or eliminated immediately upon receipt of the notice of deficiency by the licensee or his/her designee;
(2) Class B deficiencies shall be corrected within thirty (30) days of receipt of the notice of deficiency unless the complaint investigator determines, based on review, that the deficiency is sufficiently serious to require correction within a shorter period of time. In that event, the complaint investigator shall explain how the deficiency jeopardizes the health or safety of the residents;
(3) Class C deficiencies shall be corrected within thirty (30) days of receipt of the notice of deficiency, unless the complaint investigator determines that the deficiency cannot be completely corrected within thirty (30) days. In that event, the complaint investigator shall specify in the notice of deficiency the time in which the deficiency shall be corrected and the reason why it cannot be corrected within thirty (30) days.
(k) If the licensee or his/her designee refuses to accept receipt of a written notice of deficiency, the date of the notice shall constitute the date of receipt.
(l) If so requested by the complainant, the Department shall notify the complainant, in writing, of the results of its investigation.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.01. 11834.31, 11834.34 and 11834.50, Health and Safety Code.

HISTORY
1. Renumbering and amendment of former section 10551 to section 10543 filed 4- 18-94; operative 5-18-94 (Register 94, No. 16).

2. Repealer and new section filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Editorial correction of subsections (h) and (j)(2) (Register 97, No. 25).

4. Repealer and new section refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-16-97 emergency, including amendment of subsections (c), (e) and (g), transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).




§10544. Licensing Compliance Reviews.

(a) The Department shall review each alcoholism or drug abuse recovery or treatment facility to determine compliance at least once during every period of licensure.
(b) Any authorized employee or agent of the Department may enter and inspect any alcoholism or drug abuse recovery or treatment facility at any reasonable time, upon presentation of proper identification, with or without advance notice, to determine compliance with the provisions of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code and the requirements of this chapter.
(c) The Department may interview residents and/or facility staff in private, and inspect relevant licensee records without the prior consent of the licensee.
(d) At the completion of the compliance review, the reviewer may conduct a face-to-face exit interview with the licensee or his/her designee to discuss any deficiencies noted. If the reviewer does not conduct a face-to-face exit interview, the reviewer shall conduct a telephone interview with the licensee or his/her designee as soon as possible upon conclusion of a site visit and document in the licensing report or notice of deficiency why he/she did not conduct a face-to-face exit interview. A licensing report is issued when there are no deficiencies; a notice of deficiency is issued when there are deficiencies.
(e) The reviewer shall prepare a written notice of deficiency listing all deficiencies.
(f) The notice of deficiency shall specify:
(1) The section number, title, and code of each statute or regulation which has been violated;
(2) The manner in which the licensee failed to comply with a specified statute or regulation, and the particular place or area of the facility in which it occurred;
(3) The date by which each deficiency shall be corrected; and
(4) The amount of civil penalty to be assessed in accordance with Section 10547 and the date the Department shall begin to assess the penalty, if the licensee fails to correct the noticed deficiencies in accordance with the corrective action plan.
(g) The reviewer shall provide the written notice of deficiency to the licensee or his/her designee:
(1) In person before leaving the facility; or
(2) By certified mail, postmarked within ten (10) working days of the completion of the licensing compliance review. If the reviewer mails the notice of deficiency to the licensee, a return receipt shall be requested.
(h) If any Class A deficiencies have been cited, before leaving the facility the reviewer shall provide the written notice of deficiency to the licensee or his/her designee.
(i) The notice of deficiency shall require the licensee to correct deficiencies as specified below:
(1) Class A deficiencies shall be abated or eliminated immediately upon receipt of the notice of deficiency by the licensee or his/her designee of the facility;
(2) Class B deficiencies shall be corrected within thirty (30) days of receipt of the notice of deficiency unless the reviewer determines, based on review, that the deficiency is sufficiently serious to require correction within a shorter period of time. In that event, the reviewer shall explain how the deficiency jeopardizes the health or safety of the residents;
(3) Class C deficiencies shall be corrected within thirty (30) days of receipt of the notice of deficiency, unless the reviewer determines that the deficiency cannot be completely corrected within thirty (30) days. In that event, the reviewer shall specify in the notice of deficiency the time in which the deficiency shall be corrected and the reason why it cannot be corrected within thirty (30) days.
(j) If the licensee or his/her designee refuses to accept receipt of a written notice of deficiency, the date of the notice shall constitute the date of receipt.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.01, 11834.35 and 11834.50, Health and Safety Code.

HISTORY
1. Renumbering of former section 10544 to section 10542 and renumbering and amendment of former section 10552 to section 10544 filed 4-18-94; operative 5- 18-94 (Register 94, No. 16). For prior history, see Register 93, No. 12.

2. Repealer and new section filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Change without regulatory effect amending subsection (d)(2) (as it existed prior to emergency repealer filed 4-9-97) submitted to OAL on 3-18-97 and filed 4-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 18). This amendment will be inserted in the prior existing text in the event the 4-9-97 emergency language is repealed pursuant to Government Code sections 11346.1 or 11349.6 and prior existing text is reinstated.

4. Repealer and new section refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-16-97 emergency, including amendment of subsection (d), transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).




§10545. Development of a Corrective Action Plan.

(a) The licensee shall submit written verification of correction for each deficiency identified in the notice of deficiency to the manager of the Licensing and Certification Branch, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 94814. The written verification shall substantiate that the deficiency has been corrected and specify the date when the deficiency was corrected. The written verification shall be postmarked no later than the date specified in the notice of deficiency.
(b) If the licensee cannot correct a Class B or C deficiency by the date specified in the notice of deficiency, the licensee shall submit a written corrective action plan to the manager of the Licensing and Certification Branch, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95814. The written corrective action plan shall be postmarked no later than the date specified in the notice of deficiency.
(c) The written corrective action plan shall:
(1) Specify what steps the licensee has taken to correct the deficiency;
(2) Substantiate why the deficiency cannot be corrected as specified in the notice of deficiency; and
(3) Specify when each deficiency will be corrected.
(d) In reviewing the licensee's corrective action plan, the Department shall consider:
(1) The potential hazard presented by the deficiency;
(2) The number of residents impacted;
(3) Documentation submitted by the licensee as applicable to substantiate:
(A) Lack of availability of funds, equipment, or personnel necessary to correct the deficiency;
(B) Estimated time necessary for delivery and installation of necessary equipment; and/or
(C) Estimated time necessary to make structural modifications.
(e) Within ten days of receipt by the Department of the written verification and/or corrective action plan, the Department shall notify the licensee, in writing by first class mail, whether the written verification and/or corrective action plan has been approved.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34 and 11834.50, Health and Safety Code.

HISTORY
1. New section filed 4-18-94; operative 5-18-94 (Register 94, No. 16).

2. New subsection (a), subsection relettering, and amendment of newly designated subsections (b), (c)(1) and (e) filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Change without regulatory effect amending subsections (a) and (d) (as they existed prior to emergency repealer filed 4-9-97) submitted to OAL on 3-18-97 and filed 4-28-97 pursuant to section 100, title 1, California Code ofRegulations (Register 97, No. 18). These amendments will be inserted in the prior existing text in the event the 4-9-97 emergency language is repealed pursuant to Government Code sections 11346.1 or 11349.6 and prior existing text is reinstated.

4. New subsection (a), subsection reletering, and amendment of newly designated subsections (b), (c)(1) and (e) refiled 6-16-97 as an emergency; operative 8-7- 97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-16-97 emergency transmitted to OAL 10-29- 97 and filed 12-15-97 (Register 97, No. 51).




§10546. Follow-up Visit to Verify Correction of Deficiency.

(a) The Department may conduct follow-up reviews to determine if the licensee has corrected all deficiencies specified in the notice of deficiency.
(b) If a follow-up review indicates that a deficiency has not been corrected on or before the date specified in the notice of deficiency or subsequent approved corrective action plan, the Department shall issue a notice of civil penalty pursuant to Section 10547 of this chapter.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.01, 11834.34 and 11834.50, Health and Safety Code.

HISTORY
1. Renumbering and amendment of former section 10553 to section 10546 filed 4- 18-94; operative 5-18-94 (Register 94, No. 16).

2. Amendment filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Amendment refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-16-97 emergency transmitted to OAL 10-29- 97 and filed 12-15-97 (Register 97, No. 51).




§10547. Assessment of Civil Penalties for Failure to Correct Compliance Deficiencies.

(a) If a licensee fails to correct a deficiency by the date specified in the notice of deficiency or subsequent approved corrective action plan, the Department shall assess a civil penalty as indicated below:
(1) The Department shall assess a civil penalty of twenty-five ($25) dollars per day against the licensee for each Class C deficiency.
(2) The Department shall assess a civil penalty of fifty ($50) dollars per day against the licensee for each Class A or B deficiency.
(3) The maximum daily civil penalty for all deficiencies shall not exceed one hundred fifty ($150) dollars.
(b) The Department shall assess civil penalties from the date specified in the notice of deficiency or subsequent approved corrective action plan until the date the licensee submits written verification that the deficiency is corrected. The date of submission by the licensee shall be the date the written verification of correction is postmarked.
If a Departmental site visit determines that the licensee failed to correct the deficiency, the civil penalty shall continue to accrue from the date specified in the notice of deficiency.
(c) If the licensee repeats the same violation within a 12 month period, the Department shall assess a civil penalty against the licensee of one hundred fifty ($150) dollars. The Department shall also assess a penalty of fifty ($50) dollars for each day from the date specified in the notice of deficiency until the Department receives written verification from the licensee that the deficiency is corrected. The date of receipt by the Department shall be the date the written verification of correction from the licensee is postmarked.
If a Departmental site visit determines that the licensee failed to correct the deficiency, the civil penalty shall continue to accrue from the date specified in the notice of deficiency.
(d) If a licensee, who was assessed a civil penalty in accordance with (c) of this section, repeats the same violation within 12 months of the second violation, the Department shall assess a civil penalty of one hundred fifty ($150) dollars for each day from the date specified in the notice of deficiency until the Department receives written verification from the licensee that the deficiency was corrected. The date of receipt by the Department shall be the date the written verification of correction from the licensee is postmarked.
If a Departmental site visit determines that the licensee failed to correct the deficiency, the civil penalty shall continue to accrue from the date specified in the notice of deficiency.
(e) If the Department assesses a civil penalty, the Department shall provide to the licensee a written notice of civil penalty, which shall specify:
(1) The amount of the civil penalty,
(2) The date upon which the civil penalty shall begin,
(3) The date payment is due,
(4) The address to which the payment is to be mailed or delivered, and
(5) The licensee's right to administrative review, pursuant to Section 10550.
(f) Civil penalties, assessed pursuant to this regulation and adjudicated pursuant to Section 10550, shall be paid by certified check or money order payable to the Department of Alcohol and Drug Programs.
(g) If a licensee fails to pay civil penalties, assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550, the Department may file a claim in a court of competent jurisdiction or take other disciplinary action as necessary to recover the amount of the penalties.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34, 11834.36 and 11834.45, Health and Safety Code.

HISTORY
1. New section filed 4-18-94; operative 5-18-94 (Register 94, No. 16).

2. Amendment of subsections (b), (c) and (d), repealer of subsections (b)(1), (c)(1), and (d)(1), and repealer of designators for subsections (b)(2), (c)(2) and (d)(2) filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Change without regulatory effect amending subsections (b), (c) and (d) (as they existed prior to emergency repealer filed 4-9-97) submitted to OAL on 3- 18-97 and filed 4-28-97 pursuant to section 100, title 1, California Code ofRegulations (Register 97, No. 18). These amendments will be inserted in the prior existing text in the event the 4-9-97 emergency language is repealed pursuant to Government Code sections 11346.1 or 11349.6 and prior existing text is reinstated.

4. Amendment refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-16-97 emergency, including amendment of subsection (b), transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).




§10548. Suspension or Revocation of Licensure.

(a) The Department may seek suspension or revocation of a license, in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code, when:
(1) The licensee is issued a notice of deficiency for any action which has resulted in death, serious physical harm, or imminent danger to a resident of the facility; or
(2) The licensee fails to correct any Class A deficiency by the date specified in the notice of deficiency; or
(3) The licensee repeatedly fails to correct Class B deficiencies; or
(4) The licensee has failed to pay civil penalties, assessed in accordance with Section 10547 and adjudicated pursuant to Section 10550.
(b) The Department shall deliver to the licensee, in person or by certified mail, an accusation and notice of suspension or revocation, which shall:
(1) Inform the licensee that the facility's license is being suspended or revoked and the effective date of the suspension or revocation;
(2) Explain the reason(s) for the suspension or revocation;
(3) Order the licensee to suspend operation of the facility as of the date specified on the notice; and
(4) Explain the licensee's right to a hearing and the procedure for requesting a hearing, pursuant to Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.
(c) Within fifteen (15) days of the date of receipt of the licensee's notice of defense to the accusation, the Department shall request the Office of Administrative Hearings to set the matter for hearing.
(d) Departmental action to suspend or revoke licensure shall comply with the requirements set forth in Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code.
(e) Expiration, forfeiture, or surrender of a license shall not prohibit the Department from taking action to deny, suspend, or revoke licensure pursuant to the provisions of Chapter 7.5 (commencing with Section 11834.01), Division 10.5, of the Health and Safety Code or this chapter.
(f) The Department may suspend licensure of a facility prior to hearing when such action is necessary to protect residents of the facility from physical or mental abuse, abandonment or any other substantial threat to the residents' health or safety. If the Department takes such action, the notice of suspension shall specify the licensee's legal right to petition the court to enjoin closure of the facility pursuant to Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure, in addition to the requirements of Subsection (b) of this regulation.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.32, 11834.34, 11834.36, 11834.37, 11834.39 and 11834.45, Health and Safety Code; Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure; and Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2, Government Code.

HISTORY
1. Renumbering and amendment of former section 10542 to section 10548 filed 4- 18-94; operative 5-18-94 (Register 94, No. 16).

2. Amendment of subsections (a)(3), (b)(1)-(b)(3) and (c) filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Editorial correction of subsection (a)(4) (Register 97, No. 25).

4. Amendment of subsections (a)(3), (b)(1)-(b)(3) and (c), including additional amendment of subsection (b)(3), refiled 6-16-97 as an emergency; operative 8-7- 97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

5. Editorial correction of subsections (a)(1)-(2) (Register 97, No. 51).

6. Certificate of Compliance as to 6-16-97 emergency transmitted to OAL 10-29- 97 and filed 12-15-97 (Register 97, No. 51).




§10549. Unlicensed Facilities.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.30, 11834.31, 11834.32 and 11834.45, Health and Safety Code.

HISTORY
1. New section filed 4-18-94; operative 5-18-94 (Register 94, No. 16).

2. Repealer filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Repealer refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-16-97 emergency transmitted to OAL 10-29- 97 and filed 12-15-97 (Register 97, No. 51).