Cal. Code Regs. Tit. 22, § 78607 - Deficiencies

(a) The Department may issue a deficiency to a center if:
(1) It fails to comply with any provisions of the Adult Day Health Care Act or of regulations issued pursuant to the Act, or
(2) It is repeatedly in noncompliance of regulations or the Adult Day Health Care Act even though the center may temporarily correct any noncompliance for a period of time.
(b) The deficiency shall:
(1) Be in writing.
(2) State what regulations or statutes have been violated.
(3) State the time allowed for correction if noncompliance still exists.
(4) State the amount of civil penalty to be levied, if any. If a civil penalty is to be assessed, a notice shall be served upon the licensee in a manner prescribed by subdivision (c) of Section 11505 of the Government Code.
(c) Each noncompliance may carry a civil penalty not to exceed $50 a day for duration of noncompliance beyond the date set for correction. If the violation is not corrected within such time, the penalty shall accrue from the date of receipt of the notice.
(1) If the violation continues beyond the date fixed for correction, the Department may initiate action against the licensee in accordance with the provisions of Article 7 (commencing with Section 1595) of Chapter 3.5 of Division 2 of the Health and Safety Code.
(d) The Department shall verify, by a follow-up visit, that noncompliances have been corrected.
(e) The Department may refer to appropriate prosecuting authorities, for a misdemeanor prosecution, the name of any person who negligently, repeatedly or willfully violates regulations of the Adult Day Health Care Act or these regulations.


Cal. Code Regs. Tit. 22, § 78607

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