Section 102394 - Unlicensed Facility Administrative Appeal(a) An unlicensed facility operator or his/her representative shall have the right to appeal the penalty assessment within 10 working days after service of the penalty assessments. (1) If the unlicensed facility operation has not ceased, the $200 per day penalty shall continue to accrue during the appeal process.(b) The appeal review shall be conducted by a higher level staff person than the evaluator who issued the penalty.(c) If the reviewer of the appeal determines that the penalty assessment was not issued in accordance with applicable statues and regulations of the Department, he/she shall have the authority to amend or dismiss the penalty assessment.Cal. Code Regs. Tit. 22, § 102394
1. Change without regulatory effect (Register 86, No. 29).
2. Renumbering of former section 102394 to new section 102403, and renumbering of former section 102403 to new section 102394 filed 10-6-97; operative 11-5-97 (Register 97, No. 41). Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.80, 1596.891 and 1596.893, Health and Safety Code.
1. Change without regulatory effect (Register 86, No. 29).
2. Renumbering of former section 102394 to new section 102403, and renumbering of former section 102403 to new section 102394 filed 10-6-97; operative 11-5-97 (Register 97, No. 41).