Cal. Code Regs. Tit. 22, § 87763 - Appeal Process

(a) A licensee or his/her representative may request in writing a review of a notice of deficiency, notice of penalty and/or health condition relocation order within 10 working days of receipt of the notice or order. This review shall be conducted by a higher level staff person other than the evaluator who issued the notice of deficiency, notice of penalty, and/or health condition relocation order.

(1) Additional review requirements pertaining to Incidental Medical Services are specified in Section 87639, Administrative Review -- Health Conditions.

(b) If the reviewer determines that a notice of deficiency or notice of penalty was not issued in accordance with applicable statutes and regulations of the Department, he/she shall amend or dismiss the notice. In addition, the reviewer may extend the date specified for correction of a deficiency if warranted by the facts or circumstances presented to support a request for extension.

Notes

Cal. Code Regs. Tit. 22, § 87763

1. Change without regulatory effect renumbering former section 87455 to new section 87763, including amendment of section heading, subsection (a)(1) and NOTE, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).

Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1569.33, 1569.335, 1569.35, 1569.485, 1569.49 and 1569.54, Health and Safety Code.

1. Change without regulatory effect renumbering former section 87455 to new section 87763, including amendment of section heading, subsection (a)(1) and Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).