Cal. Code Regs. Tit. 9, § 9827 - Assessment of Civil Penalties for Failure to Correct Compliance Deficiencies

(a) If the licensee does not submit a corrective action plan in accordance with Section 9825 by the date specified in the notice of deficiency, the Department shall assess a civil penalty which shall accrue from the day after the date specified in the notice of deficiency until the licensee submits a corrective action plan. The date of submission by the licensee shall be the date the written corrective action plan is postmarked.

(b) The Department shall assess civil penalties in the amounts indicated below:

(1) The Department shall assess a civil penalty of $25 per day against the licensee for each Class C deficiency, as defined in Section 9823.

(2) The Department shall assess a civil penalty of $50 per day against the licensee for each Class A or B deficiency, as defined in Section 9823.

(3) The maximum daily civil penalty for all deficiencies shall not exceed $150.

(4) The total maximum civil penalty for all deficiencies shall not exceed $5,000.

(c) If the Department assesses a civil penalty, the Department shall provide to the licensee a written notice of civil penalty, which shall specify:

(1) The amount of the civil penalty,

(2) The date upon which the civil penalty shall begin,

(3) The date payment is due,

(4) The address to which the payment is to be mailed or delivered, and

(5) The licensee's right to administrative review in accordance with Section 9830.

(d) Within ten working days of the date it receives a corrective action plan, Department staff shall:

(1) Review the plan, and

(2) Notify the licensee, in writing by first class mail, whether the corrective action plan has been approved or denied.

(e) If the Department denies the corrective action plan, the licensee shall have 30 days from the date of the notice of denial to provide an amended corrective action plan.

(1) If the Department does not receive an amended corrective plan by the 30th day, the Department shall assess a civil penalty which shall accrue from the date specified on the notice of denial until the Department receives an amended corrective action plan.

(2) When the Department receives the amended corrective action plan, Department staff shall review the plan within ten working days and provide a notice of approval or denial to the licensee.

(3) If the Department does not approve the amended corrective action plan, Department staff shall provide a final notice of denial to the licensee. The civil penalty shall accrue from the date specified on the final notice of denial and shall continue until the Department receives and approves written notification from the licensee that the deficiency is corrected.

(f) If a follow-up compliance review determines that the licensee failed to correct the deficiency, the civil penalty shall accrue from the date of the initial notice of deficiency and shall continue until the Department receives and approves written notification, subsequent to the follow-up compliance review, from the licensee that the deficiency is corrected.

(g) The Department shall assess a civil penalty against the licensee of $150 if the licensee repeats the same violation within a 12-month period. The Department shall also assess a penalty of $50 for each day from the date specified in the notice of deficiency until the Department receives and approves written notification from the licensee that the deficiency is corrected.

(h) If a licensee, who was assessed a civil penalty in accordance with this regulation, repeats the same violation within 12 months of the second violation, the Department shall assess a civil penalty of $150 for each day from the date specified in the notice of deficiency until the Department receives and approves written notification from the licensee that the deficiency is corrected.

(i) Civil penalties, assessed in accordance with this regulation and adjudicated in accordance with Section 9830 shall be paid by certified check or money order payable to the Department of Alcohol and Drug Programs.

(j) The Department may file a claim in a court of competent jurisdiction or take other disciplinary action as necessary to recover the amount of the penalties if a licensee fails to pay civil penalties, assessed in accordance with this regulation and adjudicated in accordance with Section 9830.

Notes

Cal. Code Regs. Tit. 9, § 9827

1. New section filed 4-18-95; operative 7-1-95 pursuant to Government Code section 11343.4(c) (Register 95, No. 16).
2. Change without regulatory effect amending subsection (a) filed 4-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 18).

Note: Authority cited: Sections 11755 and 11836.15, Health and Safety Code. Reference: Sections 11836.10, 11836.12, 11837.5, 11837.7 and 11838.4, 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).
2. Change without regulatory effect amending subsection (a) filed 4-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 18).