Section 10542 - Investigation of Complaints Regarding Unlicensed Facilities(a) If an unlicensed facility provides residential alcoholism or drug abuse recovery or treatment services, the facility is operating in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section 10505 of the California Code of Regulations.(b) If an unlicensed facility is alleged to be in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section 10505 of the California Code of Regulations, the Department shall conduct an investigation.(c) If the Department determines, as the result of its investigation, that an unlicensed facility is operating in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section 10505 of the California Code of Regulations, the Department shall deliver to the facility, in person or by certified mail, a notice which shall notify the operator of the facility that the facility is operating without a license, in violation of Section 11834.30 of the Health and Safety Code and Section 10505 of this chapter. If delivered in person, the notice shall be delivered within ten (10) working days of the completion of the investigation. If mailed by certified mail, the notice shall be postmarked within ten (10) working days of the completion of the investigation. The completion of the complaint investigation is when all evidence has been inspected and witnesses who are relevant to the allegations have been interviewed.(d) The Department shall not disclose the identity of the complainant unless authorized in writing by the complainant.(e) Within ten (10) working days of receipt of the complaint, the Department shall initiate an investigation by assigning the complaint to a Departmental complaint investigator.(1) The Department shall order the operator of the unlicensed facility to cease operation immediately upon receipt of the notice. Upon receipt of the notice, the unlicensed facility shall, within fifteen (15) days of receipt of the notice, respond in writing that the facility has ceased providing all alcoholism or drug abuse recovery or treatment services. The written response shall be postmarked no later than the date specified in the notice.(2) The notice of operation in violation of law shall specify that the Department will take action in accordance with Subsection (g) of this regulation if the unlicensed facility fails to cease operation immediately upon receipt of the notice and fails to notify the Department of such cessation within fifteen (15) days of the receipt of the notice.(f) The complaint investigator may interview residents and/or facility staff in private, and inspect relevant records without the prior consent of the facility operator.(g) If the unlicensed facility fails to cease operation immediately upon receipt of the notice of operation in violation of law and fails to notify the Department of such cessation within fifteen (15) days of the receipt of the notice, on the 16th day the Department shall: (1) Assess a civil penalty of two hundred ($200) dollars per day against the operator of the unlicensed facility. (A) If the facility operator or his/her representative provides written notification to the Department that the unlicensed facility has ceased operation, the civil penalty shall cease as of the date the notification is postmarked.(B) The Department may conduct a site visit to verify that the unlicensed facility is no longer in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section 10505 of the California Code of Regulations. If the site visit indicates that the unlicensed facility is still in violation of Chapter 7.5 (commencing with Section 11834.30) of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5 of Division 4, Title 9, Section 10505 of the California Code of Regulations, the Department may assess the two hundred ($200) dollars per day civil penalty without interruption from the date the facility received the notice of operation in violation of law.(2) Petition the superior court in and for the county in which the violation occurred to enjoin the unlicensed operation of the facility. Any such action shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure, 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.(h) All civil penalties, assessed pursuant to this regulation and adjudicated pursuant to Section 10550, 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.Cal. Code Regs. Tit. 9, § 10542
1. Renumbering and amendment of former section 10542 to section 10548 and renumbering of section 10544 to section 10542 filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 87, No. 43.
2. Repealer and new section filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsection (h) (Register 97, No. 25).
4. Repealer and new section refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-16-97 emergency, including amendment of subsections (e)(1) and (e)(2), transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51). Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.30, 11834.31, 11834.32 and 11834.45, Health and Safety Code.
1. Renumbering and amendment of former section 10542 to section 10548 and renumbering of section 10544 to section 10542 filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 87, No. 43.
2. Repealer and new section filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsection (h) (Register 97, No. 25).
4. Repealer and new section refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-16-97 emergency, including amendment of subsections (e)(1) and (e)(2), transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).