Cal. Code Regs. tit. 9 § 10543

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 10543 - Investigation of Complaints Regarding Licensed Facilities

(a) Any person may request an inspection of an alcoholism or drug abuse recovery or treatment facility by contacting the Department in person, by telephone or in writing, or by any other automated or electronic means.

(b) The Department shall not disclose the identity of the complainant unless authorized in writing by the complainant.

(c) 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.

(d) The complaint investigator may conduct a site investigation of the facility, with or without advance notice, at any reasonable time, upon presentation of proper identification, in order to determine compliance with the provisions of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code, and the requirements of this chapter.

(e) At the completion of the site investigation the complaint investigator may conduct a face-to-face exit interview with the licensee or his/her designee to discuss the progress of the investigation. If the complaint investigator does not conduct a face-to-face exit interview, the complaint investigator shall conduct a telephone interview with the licensee or his/her designee as soon as possible upon conclusion of a site investigation and document in the investigation report or notice of deficiency why he/she did not conduct a face-to-face exit interview.

(f) The complaint investigator may interview residents and/or facility staff in private, and inspect relevant licensee records without the prior consent of the licensee.

(g) The complaint investigator shall notify the licensee orally or in writing when the complaint investigation is complete. If notified orally, such notification shall be documented on the reverse of the complaint form.

(h) If the complaint investigation discloses deficiencies, the complaint investigator shall prepare a written notice of deficiency, listing all deficiencies. The complaint investigator shall provide a written notice of deficiency to the licensee or his/her designee, in person before leaving the facility, or by certified mail. If mailed, the notice of deficiency shall be postmarked within ten (10) working days of completion of the complaint investigation, pursuant to subsection (g) of this regulation. Completion of the complaint investigation is when all evidence has been inspected and witnesses who are relevant to the allegations have been interviewed. If any Class A deficiencies have been cited, before leaving the facility the complaint investigator shall provide the written notice of deficiency to the licensee or his/her designee.

(i) The notice of deficiency shall specify:

(1) The section number, title, and code of each statute or regulation which has been violated;

(2) The manner in which the licensee failed to comply with a specified statute or regulation, and the particular place or area of the facility in which it occurred;

(3) The date by which each deficiency shall be corrected; and

(4) The amount of civil penalty to be assessed in accordance with Section 10547 and the date the Department shall begin to assess the penalty, if the licensee fails to correct the noticed deficiencies or comply by the date in the approved corrective action plan.

(j) The notice of deficiency shall require the licensee to correct deficiencies as specified below:

(1) Class A deficiencies shall be abated or eliminated immediately upon receipt of the notice of deficiency by the licensee or his/her designee;

(2) Class B deficiencies shall be corrected within thirty (30) days of receipt of the notice of deficiency unless the complaint investigator determines, based on review, that the deficiency is sufficiently serious to require correction within a shorter period of time. In that event, the complaint investigator shall explain how the deficiency jeopardizes the health or safety of the residents;

(3) Class C deficiencies shall be corrected within thirty (30) days of receipt of the notice of deficiency, unless the complaint investigator determines that the deficiency cannot be completely corrected within thirty (30) days. In that event, the complaint investigator shall specify in the notice of deficiency the time in which the deficiency shall be corrected and the reason why it cannot be corrected within thirty (30) days.

(k) 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.

(l) If so requested by the complainant, the Department shall notify the complainant, in writing, of the results of its investigation.

Cal. Code Regs. Tit. 9, § 10543

1. Renumbering and amendment of former section 10551 to section 10543 filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
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 subsections (h) and (j)(2) (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 (c), (e) and (g), 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 11834.01. 11834.31, 11834.34 and 11834.50, Health and Safety Code.