Section 9823.1 - Investigation of Complaints(a) Any person may request an investigation of a DUI program by contacting the Department in person, by telephone, in writing, or by any other automated or electronic means, in order to determine compliance with the provisions of Chapter 9 (commencing with Section 11836), Part 2, Division 10.5 of the Health and Safety Code and the requirements of this Chapter.(b) Within ten (10) working days of receipt of a complaint the Department shall initiate an investigation of the alleged violation(s).(c) The Department shall not disclose the identity of the complainant unless the Department has first determined that the complaint cannot be resolved without such disclosure because the complaint involves services provided to the complainant.(d) The complaint investigator may conduct a site investigation of the program with or without advance notice, at any time the facility is open for business, upon presentation of proper identification, in order to determine compliance with the provisions of this Chapter.(e) The Department may interview participants and/or program staff in private and may inspect program records relevant to the complaint without the consent of the licensee.(f) The complaint investigation shall be considered complete when all facts relevant to the complaint have been reviewed and the Department has made a determination regarding the complaint.(g) If the complaint investigation discloses compliance deficiencies the complaint investigator shall prepare a written notice of deficiency, listing all deficiencies. The complaint investigator shall issue a written notice of deficiency to the licensee or his/her designee: (1) In person before leaving the facility, or(2) By mail, postmarked within ten (10) working days after completion of the site investigation.(h) The notice of deficiency shall comply with the provisions of Section 9824(b).(i) The notice of deficiency shall require the licensee to correct deficiencies as specified in Section 9824.(j) If the licensee or his/her designee refuses to accept receipt of a written notice of deficiency, the date of the notice shall constitute the date of receipt.(k) If requested by the complainant, the Department shall notify the complainant in writing of the results of its investigation.Cal. Code Regs. Tit. 9, § 9823.1
1. New section filed 3-19-2001; operative 4-18-2001 (Register 2001, No. 12). Note: Authority cited: Sections 11755, 11836 and 11836.15, Health and Safety Code. Reference: Sections 11836.15, 11837.7 and 11838.4, Health and Safety Code.
1. New section filed 3-19-2001; operative 4-18-2001 (Register 2001, No. 12).