Section 66271.52 - Adjustment to the Initial Score for Repeat Class I Violations(a) The Department shall adjust the initial score for each Class I violation to reflect repeat violations.(b) The Department shall make an adjustment for a repeat violation only if the owner or operator has been given at least one Summary of Violations at the same facility within the prior three (3) years or last three (3) inspections, whichever time period is longer, and such Summary of Violations has not been cancelled, retracted, withdrawn, or successfully challenged in an administrative or judicial proceeding. The adjustment for a repeat violation based on issuance of a Summary of Violations shall occur regardless whether the owner or operator corrected a violation after receipt of the Summary of Violations.(c) The Department shall adjust each initial Class I violation score based on the number of repeat violations. The Department shall make the adjustment based on the following matrix: | Adjustment Factor for Repeat Violations | Circumstance |
| Upward Adjustment of 25 percent | Second instance |
| Upward Adjustment of 50 percent | Third instance |
| Upward Adjustment of 100 percent | Fourth or more instance |
Cal. Code Regs. Tit. 22, § 66271.52
1. New section filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43). Note: Authority cited: Sections 25150, 25200.21, 58004 and 58012, Health and Safety Code. Reference: Sections 25110.8.5, 25186 and 25186.05, Health and Safety Code.
1. New section filed 10-24-2018; operative 1/1/2019 (Register 2018, No. 43).