Cal. Code Regs. tit. 22 § 87859

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

Section 87859 - Unlicensed Facility Administrative Appeal

(a) The operator of an unlicensed facility or his/her representative shall have the right to appeal the penalty assessment within 10 working days after service of the penalty assessment.

(1) If the unlicensed facility operation has not ceased, the 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 statutes and regulations of the Department, he/she shall have the authority to amend or dismiss the penalty assessment.

Cal. Code Regs. Tit. 22, § 87859

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 A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.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. Editorial correction of printing error inserting (1) to second paragraph (Register 92, No. 9).
4. Certificate of Compliance as to 12-3-91 order transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).

Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Sections 1568.072 and 1568.0821, Health and Safety Code.