may issue a deficiency to a center if:
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.
The deficiency shall:
(1) Be in writing.
(2) State what regulations or statutes have
(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
the Government Code.
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
Department shall verify, by a follow-up visit, that noncompliances have been
(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.