Section 9829 - Unlicensed Programs(a) If an unlicensed program provides program services, the program is operating in violation of Section 11836.10 of the Health and Safety Code and Section 9802 of this Chapter.(b) If a program is alleged to be operating without a license, the Department shall conduct an investigation to substantiate the allegation.(c) If the Department determines, as the result of its investigation, that the program is operating without a license, the Department shall deliver to the operator of the program, in person or by certified mail, a notice which shall notify the operator of the program that the program is operating without a license, in violation of Section 11836.10 of the Health and Safety Code and Section 9802 of this Chapter. (1) In the notice, the Department shall order the operator of the unlicensed program to cease operation immediately.(2) The notice shall specify that the Department will take action in accordance with Subsection (d) of this regulation if the program fails to cease operation immediately.(d) If the program fails to cease operation immediately the Department may: (1) Assess a civil penalty of $200 per day against the operator of the unlicensed program. (A) The civil penalty shall continue to accrue until the unlicensed program ceases operation.(B) If the operator or representative of the unlicensed program provides written notification to the Department that the program has ceased operation, the civil penalty shall cease as of the date the Department receives the notification.(C) The Department may conduct a site visit to verify that the program is no longer in operation. If the site visit indicates that the unlicensed program is still in operation, the Department shall assess the $200 per day civil penalty without interruption from the date of the initial assessment.(2) Enjoin operation of the unlicensed program in the superior court in and for the county in which the violation occurred. Any such action shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedures, except that the Director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss.(e) All civil penalties assessed in accordance with this regulation and adjudicated in accordance with Section 9836 shall be due and payable upon receipt of a notice of payment issued by the Department, and shall be paid by certified check or money order made payable to the Department of Alcohol and Drug Programs.(f) Participants shall not receive credit for services received at an unlicensed program.Cal. Code Regs. Tit. 9, § 9829
1. New section filed 4-18-95; operative 7-1-95 pursuant to Government Code section 11343.4(c) (Register 95, No. 16).
2. Amendment of subsection (c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsections (c)(2) and (e) and new subsection (f) filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12). Note: Authority cited: Sections 11755 and 11836.15, Health and Safety Code. Reference: Sections 11836, 11836.10, 11838.3, 11838.4, 11838.5, 11838.10 and 11838.11, Health and Safety Code.
1. New section filed 4-18-95; operative 7-1-95 pursuant to Government Code section 11343.4(c) (Register 95, No. 16).
2. Amendment of subsection (c)(1), repealer of subsection (c)(2), subsection renumbering, amendment of newly designated subsections (c)(2) and (e) and new subsection (f) filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).