Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) When the licensing agency determines that a deficiency exists pursuant to Health and Safety Code Section 1534(a)(2), it shall issue a notice of deficiency, unless the deficiency is not serious and is corrected during the visit.
(b) Prior to completion of an evaluation or other licensing visit, the licensee, administrator, operator, or other person in charge of the day program shall meet with the evaluator to discuss any deficiencies noted, to jointly develop a plan for correcting each deficiency, and to acknowledge receipt of the notice of deficiency.
(c) The notice of deficiency is provided to the licensee at the completion of the visit by one of the following methods:
(1) Personal delivery to the licensee;
(2) If the licensee is not at the day program site, a copy of the notice shall be left with the person in charge of the day program and shall be mailed to the licensee.
(3) If the licensee or the person in charge of the day program refuses to accept the notice, a notation of the refusal shall be written on the notice and a copy shall be left at the day program and shall be mailed to the licensee.
(d) The notice of deficiency shall be in writing and shall include the following:
(1) Citation of the statute or regulation which has been violated.
(2) A description of the nature of the deficiency stating the manner in which the licensee failed to comply with a specified statute or regulation, and the particular place or area of the day program in which it occurred.
(3) The plan developed, as specified in Section 82052(b), for correcting each deficiency.
(4) A date by which each deficiency shall be corrected.
(A) In determining the date for correcting a deficiency, the evaluator shall consider the following factors:
1. The potential hazard presented by the deficiency.
2. The number of clients affected.
3. The availability of equipment or personnel necessary to correct the deficiency.
4. The estimated time necessary for delivery, and for any installation, of necessary equipment.
(B) The date for correcting a deficiency shall not be more than 30 calendar days following service of the notice of deficiency, unless the evaluator determines that the deficiency cannot be completely corrected in 30 calendar days.
(C) If the date for correcting the deficiency is more than 30 calendar days following service of the notice of deficiency, the notice shall specify the corrective actions which must be taken within 30 calendar days to begin correction.
(D) The evaluator shall require correction of the deficiency within 24 hours and shall specify on the notice the date by which the correction must be made whenever immediate penalties are assessed pursuant to Sections 82054(c), (d), (e) and (f).
(5) The amount of penalty being assessed, if any, and the date the penalty begins.
(6) The address and telephone number of the licensing office responsible for reviewing notices of deficiencies for the day program.
(e) Each licensee/applicant shall have the right, without prejudice, to bring to the attention of the licensing agency, or both, any alleged misapplication or capricious enforcement of regulations by any licensing representative, or any differences in opinion between the licensee and any licensing representative concerning the proper application of these regulations.
1. New section filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
Note: Authority cited: Sections 1530, 1530.1 and 1548(e), Health and Safety Code. Reference: Sections 1531, 1534 and 1548, Health and Safety Code.
