California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 3 - Adult Day Programs
Article 5 - Enforcement Provisions
Section 82054 - Penalties

(a) A penalty of $50 per violation per day, up to a maximum of $150 per day shall be assessed for serious deficiencies that are not corrected by the date specified in the notice of deficiency, as permitted by Section 1548(b) of the Health and Safety Code.

(b) Notwithstanding Section 82054(a), an immediate penalty of $100 per cited violation per day for a maximum of five (5) days shall be assessed if any individual required to be fingerprinted under Health and Safety Code Section 1522(b) has not obtained a California clearance or a criminal record exemption, requested a transfer of a criminal record clearance or requested and be approved for a transfer of an exemption as specified in Section 82019(e) prior to working, residing or volunteering in the facility.

(c) Notwithstanding Section 82054(a), an immediate penalty of $150 per day shall be assessed for any sickness, injury, or death of a client as a result of the deficiency.

(d) When a day program is cited for a deficiency and violates the same regulation subsection within a 12-month period, an immediate penalty assessment of $150 and $50 per day thereafter shall be assessed until the deficiency is corrected.

(e) A deficiency subject to the immediate penalty assessment in Section 82054(d) that is repeated within a 12-month period of the last deficiency citation shall be cited and assessed an immediate penalty of $150 per day until the deficiency is corrected.

(f) If any deficiency is not corrected by the date specified in the notice of deficiency, a penalty shall be assessed for each day following that date until compliance has been demonstrated.

(g) If licensees or their representatives report to the licensing agency that a deficiency has been corrected, the penalty shall cease as of the day the licensing agency receives notification that the correction was made.

(h) If necessary, a site visit shall be made immediately or within five working days to confirm the deficiency has been corrected.

(i) If an immediate civil penalty is assessed, and the deficiency is corrected on the same day, the penalty shall still be assessed for that day.

(j) All penalties shall be due and payable upon receipt of notice for payment from the licensing agency, and shall be paid only by check or money order made payable to the Department.

(k) The licensing agency 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 Section 82054(j).