Cal. Code Regs. tit. 22 § 87853

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 87853 - Follow-up Visits to Determine Compliance
(a) A follow-up visit shall be conducted to determine compliance with the plan of correction specified in the notice of deficiency.
(1) The follow-up visit shall be conducted within ten working days following the dates of corrections specified in the notice of deficiency, unless the licensee has demonstrated that the deficiency was corrected as required.
(2) Except as specified in Section 87854, no penalty shall be assessed unless a follow-up visit is conducted.
(b) If a follow-up visit indicates that a deficiency was not corrected on or before the date specified in the notice of deficiency, the evaluator shall issue a notice of penalty (Facility Civil Penalty Assessment - LIC 421 (10/89)).
(c) A notice of penalty shall be in writing and shall include:
(1) The amount of penalty assessed, and the date the payment is due.
(2) The name and address of the agency responsible for collection of the penalty.
(d) When an immediate penalty has been assessed and the correction is made while the evaluator is present, a follow-up visit is not required.

Cal. Code Regs. Tit. 22, § 87853

1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (b) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Editorial correction of subsection (a)(2) (Register 2002, No. 14).

Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Sections 1568.07 and 1568.072, Health and Safety Code.

1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (b) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Editorial correction of subsection (a)(2) (Register 2002, No. 14).