Section 6828 - Sanctions for Noncompliance(a) If the Chief of the State Child Health and Disability Prevention Program determines that a reasonable period of technical consultation and assistance has been provided or arranged for by the State Child Health and Disability Prevention Program, and further determines that a community child health and disability prevention program director fails to comply with any state or federal law or regulation governing child health and disability prevention services, or with the approved community plan, the Chief of the State Child Health and Disability Prevention Program shall notify the local governing body in writing of the specific areas of noncompliance. A copy of the notice shall be sent to the community program director, the county welfare department director, and to the local child health and disability prevention program advisory board.(b) If the local governing body fails to provide substantial evidence to the Chief of the State Child Health and Disability Prevention Program within 30 days that the community program director is complying and shall continue to comply with the laws, regulations and the approved community plan, the Director shall convene a hearing for the community program to show cause why the Director should not take action to secure compliance. The Director shall invite the community child health and disability prevention program's advisory board and other persons or organizations interested in the community's child health and disability prevention program to present comments at such hearing. The Department shall give the community program, concerned individuals and organizations, and the general public at least 15 days notice of such hearing.(c) The Director shall consider the case on the record established at the hearing and render findings and decision on the issues within 30 days following the hearing. The findings and decision shall be submitted in writing by the Director to the local governing body. A copy of the notice shall be sent to the community program director, the county welfare department director, and to the local child health and disability prevention program advisory board.(d) If the Director determines that there is a failure on the part of the community child health and disability prevention program to comply with any state or federal law or regulation governing child health and disability prevention services, or the approved community plan, the Department may invoke any of the following sanctions: (1) Consistent with federal and state law, withhold part or all of state and federal funds from such community until the local governing body provides written documentation of compliance to the Director.(2) Bring an action in mandamus or such other action in court as may be appropriate to compel compliance.(e) Nothing in this section shall be construed as relieving the local governing body of the responsibility to provide funds necessary to continue the child health and disability prevention services required by Sections 320, et seq., Health and Safety Code.Cal. Code Regs. Tit. 17, § 6828
Note: Authority cited: Sections 208 and 321, Health and Safety Code. Reference: Sections 320, et seq., Health and Safety Code.