California Code of Regulations
Title 22 - Social Security
Division 12 - Child Care Facility Licensing Regulations
Chapter 3 - Family Day Care Homes for Children
Article 4 - Enforcement Provisions
Section 102393 - Unlicensed Facility Penalties

Universal Citation: 22 CA Code of Regs 102393

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A penalty of $200 per day shall be assessed for the operation of an unlicensed facility under either of the following conditions:

(1) The operator has not submitted a completed application for licensure within 15 calendar days of issuance of a Notice of Operation in Violation of Law pursuant to Section 102357, and continues to operate.
(A) For purposes of this section, an application shall be deemed completed if it includes the information required in Section 102369.

(B) The completed application shall be deemed to be submitted when received by the licensing agency.

(2) Unlicensed operation continues after denial of the initial application.
(A) Notwithstanding any appeal action, facility operation must cease within 10 calendar days of the mailing of the notice of denial or upon receipt of the denial notice by the operator, whichever occurs first.

(b) The $200 per day penalty shall be assessed for the continued operation of an unlicensed facility as follows:

(1) On the 16th calendar day after the operator has been issued the Notice of Operation in Violation of Law, and has not submitted a completed application as required.
(A) The $200 per day penalty shall continue until the operator ceases operation or submits a completed application pursuant to Sections 102393(a)(1)(A) and

(B).

(2) Within 10 calendar days of the mailing of notice of denial or upon receipt of the denial notice by the operator, whichever occurs first.
(A) The $200 per day penalty shall continue until the operator ceases operation.

(c) If the unlicensed operator or his/her representative reports to the Department that unlicensed operation has ceased, the penalty shall cease as of the day the Department receives the notification.

(1) A site visit shall be made immediately or within five working days to verify that the unlicensed facility operation has ceased.

(2) Notwithstanding (c) above, if the unlicensed facility operation has not ceased, penalties shall continue to accrue without interruption from the date of initial penalty assessment.

(d) All penalties shall be due and payable upon receipt of the Notice for Payment from the licensing agency, and shall be paid only by check or money order made payable to the agency indicated in the notice.

(e) The Department shall have the authority to file a claim in a court of competent jurisdiction or to take other appropriate action for failure to pay penalties as specified in (d) above.

1. Change without regulatory effect amending subsection (a) and adopting subsections (a)(1)-(e)(1) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
2. Editorial correction of HISTORY 1 (Register 95, No. 25).
3. Subsection redesignation filed 9-26-95; operative 10-26-95 (Register 95, No. 39).
4. Renumbering of former section 102393 to new section 102402, and renumbering and amendment of former section 102402 to new section 102393 filed 10-6-97; operative 11-5-97 (Register 97, No. 41).

Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.80, 1596.891 and 1596.892, Health and Safety Code.

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