Cal. Code Regs. Tit. 9, § 9823 - Types of Compliance Deficiencies

(a) As used in this chapter, "deficiency" means failure by a driving-under-the-influence program to comply with any provision of Chapter 9 (commencing with Section 11836), Part 2, Division 10.5 of the Health and Safety Code or the requirements contained in this Chapter. Deficiencies shall be classed as Class A, B, or C deficiencies, as defined in this section.

(b) A Class A deficiency is any deficiency which presents an imminent danger of death or severe harm to any participant of the program or a member of the general public. As used in this chapter, "imminent danger of death or severe harm" means that the more likely consequence of the deficiency is death or physical injury, which would:

(1) Render a part of the body functionally useless or temporarily or permanently reduced in capacity, or

(2) Inhibit any function of the body to such a degree as to shorten life or to reduce physical or mental capacity.

(c) A Class B deficiency is any deficiency relating to the operation or maintenance of the program which has a direct or immediate relationship to the physical health, mental health, or safety of the program participants or the general public.

(d) A Class C deficiency is a deficiency relating to the operation or maintenance of the program which has only a minimal relationship to the health or safety of program participants or the general public.

Notes

Cal. Code Regs. Tit. 9, § 9823

1. New section filed 4-18-95; operative 7-1-95 pursuant to Government Code section 11343.4(c) (Register 95, No. 16).

Note: Authority cited: Sections 11755 and 11836.15, Health and Safety Code. Reference: Sections 11836.12, 11836.15 and 11837.7, Health and Safety Code.

1. New section filed 4-18-95; operative 7-1-95 pursuant to Government Code section 11343.4(c) (Register 95, No. 16).