Section 1043.6 - Grading of Inspection and Evaluation(a) The inspection and evaluation shall be graded on a pass/fail system. The grade shall be determined by the Board, based upon a recommendation of the evaluators, who shall make independent evaluations and recommendations.(b) The evaluation team shall recommend one of the following grades: (1) Passed Evaluation. Permit holder or applicant met all required components of the onsite inspection and evaluation, as provided in Sections 1043.3 and 1043.4; or(2) Conditional Approval for failing to have appropriate equipment, proper documentation of controlled substances, or proper recordkeeping as provided in Section 1043.3(b). "Conditional approval" means the permit holder or applicant must submit written proof of correcting the deficiencies to the Board within fifteen (15) days of receiving notice of the deficiencies by showing the action taken by the permit holder or applicant, including retention of proper equipment or documentation, to correct the deficiencies before the permit holder or applicant will be considered to have passed the evaluation and before a permit is issued; or(3) Failed Simulated Emergency. Permit holder or applicant failed one or more simulated emergency scenario(s) described in Section 1043.4(c), as required for the on-site inspection and evaluation; or(4) Failed Evaluation. Permit holder or applicant failed due to multiple deficient components required for the on-site inspection and evaluation or failed to comply with the conditions for issuance of a conditional approval, as provided in subsection (b)(2) of this section.(c) Pursuant to Sections 1646.4(a), 1646.9(d) and 1647.7(a) of the Code, the permit of any permit holder or applicant who has failed an onsite inspection and evaluation shall be automatically suspended 30 days after the date on which the Board notifies the applicant of the failure unless, within that time period, the permit holder or applicant has retaken and passed an onsite inspection and evaluation. If a permit holder or applicant has failed two evaluations, the Board will decide the matter and may grant or deny a permit or request further evaluation of the appellant with a board member or other board appointed representative being present. The permit holder or applicant must successfully complete remedial education in a subject within the scope of the onsite inspection and evaluation as determined by the Board prior to being reevaluated if a third onsite inspection and evaluation is granted or prior to the issuance of a new permit.(d) A permit holder or applicant who has failed the inspection and evaluation solely on the basis of a failure to demonstrate knowledge and ability in recognition and treatment of any or all of the simulated emergencies may be reevaluated only on the simulated emergencies provided the reevaluation is within 30 days.Cal. Code Regs. Tit. 16, § 1043.6
1. Amendment filed 4-1-91; operative 5-1-91 (Register 91, No. 18).
2. Amendment of subsection (b) filed 2-8-96; operative 3-9-96 (Register 96, No. 6).
3. Amendment of subsection (b) and new subsection (c) filed 2-27-2006; operative 3-29-2006 (Register 2006, No. 9).
4. Amendment of section and NOTE filed 8-16-2022; operative 8-16-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33). Note: Authority cited: Section 1614, Business and Professions Code. Reference: Sections 1646.4, 1646.9 and 1647.7, Business and Professions Code.
1. Amendment filed 4-1-91; operative 5-1-91 (Register 91, No. 18).
2. Amendment of subsection (b) filed 2-8-96; operative 3-9-96 (Register 96, No. 6).
3. Amendment of subsection (b) and new subsection (c) filed 2-27-2006; operative 3-29-2006 (Register 2006, No. 9).
4. Amendment of section and Note filed 8-16-2022; operative 8/16/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 33).