Cal. Code Regs. tit. 22 § 87854

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 87854 - Penalties

(a) A penalty of $50 per day, per cited violation, shall be assessed for serious deficiencies that are not corrected by the date specified in the notice of deficiency, up to a maximum of $150 per day.

(b) An immediate penalty of $100 per cited violation per day for a maximum of five (5) days shall be assessed if any individual required to be fingerprinted under Health and Safety Code Section 1568.09(b) has not obtained a California clearance or a criminal record exemption, requested a transfer of a criminal record clearance or requested and be approved for a transfer of an exemption as specified in Section 87819(d) prior to working, residing or volunteering in the facility.

(1) Subsequent violations, within a twelve (12) month period will result in a civil penalty of one hundred dollars ($100) per violation per day for a maximum of thirty (30) days.

(2) The Department may assess civil penalties for continued violations as permitted by Health and Safety Code Section 1568.0822.

(3) Progressive civil penalties specified in Sections 87854(c) and (d) below shall not apply.

(c) When a facility is cited for a deficiency and violates the same regulation subsection within a 12-month period, the facility shall be cited and an immediate penalty of $150 per cited violation shall be assessed for one day only. Thereafter a penalty of $50 per day, per cited violation, shall be assessed until the deficiency is corrected.

(d) When a facility that was cited for a deficiency subject to the immediate penalty assessment specified in Section 87854(c) above, violates the same regulation subsection within a 12-month period of the last violation, the facility shall be cited and an immediate penalty of $1,000 per cited violation shall be assessed for one day only. Thereafter a penalty of $100 per day violation shall be assessed until the deficiency is corrected.

(1) For purposes of Sections 87854(c) and (d) above, a regulation subsection is the regulation denoted by a lower-case letter after the main regulation number.

(e) If any deficiency is not corrected by the date specified in the notice of deficiency, a penalty shall be assessed for each day following that date until compliance has been demonstrated.

(1) Immediate penalty assessments specified in (b), (c) and (d) above shall begin on the day the deficiency is cited.

(2) If an immediate penalty is assessed and the deficiency is corrected on the same day, the penalty shall still be assessed for that day.

(f) If a licensee or his/her representative reports to the Department that a deficiency has been corrected, the penalty shall cease as of the day the Department receives notification that the correction was made.

(1) If necessary, a site visit shall be made immediately or within five working days to confirm that the deficiency has been corrected.

(2) If it is verified that the deficiency has not been corrected, penalties shall continue to accrue.

(3) If it is verified that the correction was made prior to the date of notification, the penalty shall cease as of that earlier date.

(g) Unless otherwise ordered by the Department all penalties are due and payable upon receipt of notice for payment, and shall be paid only by check or money order made payable to the agency indicated in the notice.

(h) The Department shall have the authority to file a claim in a court of competent jurisdiction or to take other appropriate action for failure to pay penalties as specified in (g) above.

Cal. Code Regs. Tit. 22, § 87854

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 transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Amendment of section and NOTE filed 7-27-2001; operative 8-26-2001 (Register 2001, No. 30).
5. Amendment of subsection (d) filed 7-23-2002; operative 8-22-2002 (Register 2002, No. 30).
6. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (b) and (b)(1) and repealer of subsection (b)(1)(A), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
10. Amendment of subsection (b), new subsection (b)(1), subsection renumbering, amendment of newly designated subsection (b)(2) and amendment of NOTE filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).

Note: Authority cited: Sections 1568.072 and 1568.0822(e), Health and Safety Code. Reference: Sections 1568.072, 1568.0822 and 1568.09, 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 transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Amendment of section and Note filed 7-27-2001; operative 8-26-2001 (Register 2001, No. 30).
5. Amendment of subsection (d) filed 7-23-2002; operative 8-22-2002 (Register 2002, No. 30).
6. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (b) and (b)(1) and repealer of subsection (b)(1)(A), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
10. Amendment of subsection (b), new subsection (b)(1), subsection renumbering, amendment of newly designated subsection (b)(2) and amendment of Note filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).