Cal. Code Regs. tit. 9 § 10545

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

Section 10545 - Development of a Corrective Action Plan

(a) The licensee shall submit written verification of correction for each deficiency identified in the notice of deficiency to the manager of the Licensing and Certification Division, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811-4037. The written verification shall substantiate that the deficiency has been corrected and specify the date when the deficiency was corrected. The written verification shall be postmarked no later than the date specified in the notice of deficiency.

(b) If the licensee cannot correct a Class B or C deficiency by the date specified in the notice of deficiency, the licensee shall submit a written corrective action plan to the manager of the Licensing and Certification Division, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811-4037. The written corrective action plan shall be postmarked no later than the date specified in the notice of deficiency.

(c) The written corrective action plan shall:

(1) Specify what steps the licensee has taken to correct the deficiency;

(2) Substantiate why the deficiency cannot be corrected as specified in the notice of deficiency; and

(3) Specify when each deficiency will be corrected.

(d) In reviewing the licensee's corrective action plan, the Department shall consider:

(1) The potential hazard presented by the deficiency;

(2) The number of residents impacted;

(3) Documentation submitted by the licensee as applicable to substantiate:

(A) Lack of availability of funds, equipment, or personnel necessary to correct the deficiency;

(B) Estimated time necessary for delivery and installation of necessary equipment; and/or

(C) Estimated time necessary to make structural modifications.

(e) Within ten days of receipt by the Department of the written verification and/or corrective action plan, the Department shall notify the licensee, in writing by first class mail, whether the written verification and/or corrective action plan has been approved.

Cal. Code Regs. Tit. 9, § 10545

1. New section filed 4-18-94; operative 5-18-94 (Register 94, No. 16).
2. New subsection (a), subsection relettering, and amendment of newly designated subsections (b), (c)(1) and (e) 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. Change without regulatory effect amending subsections (a) and (d) (as they existed prior to emergency repealer filed 4-9-97) submitted to OAL on 3-18-97 and filed 4-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 18). These amendments will be inserted in the prior existing text in the event the 4-9-97 emergency language is repealed pursuant to Government Code sections 11346.1 or 11349.6 and prior existing text is reinstated.
4. New subsection (a), subsection reletering, and amendment of newly designated subsections (b), (c)(1) and (e) 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 transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).
6. Change without regulatory effect amending subsections (a) and (b) filed 6-12-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 24).
7. Change without regulatory effect amending subsections (a) and (b) filed 3-6-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).

Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34 and 11834.50, Health and Safety Code.