California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 3 - Programs for Alcohol and Drug Impaired Drivers
Subchapter 2 - Licensure of DUI Programs
Article 5 - Program Evaluation
Section 9824 - Issuance of Notice of Deficiency

Universal Citation: 9 CA Code of Regs 9824

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

(a) The Department shall prepare a written notice of deficiency when the Department determines that a licensee is not in compliance with the provisions of Chapter 9 (commencing with Section 11836), Part 2, Division 10.5 of the Health and Safety Code or the requirements of this Chapter.

(1) The Department's determination shall be based on completion of an on-site compliance review conducted by the Department. If the licensee has failed to fully and timely submit a fee, and there are no other deficiencies, the Department may make its determination on a review of the licensee's payment record on file with the Department, in lieu of an on-site compliance review.

(2) No notice of deficiency shall be issued for Class C deficiencies which the licensee corrects prior to completion of the compliance review.

(b) The notice of deficiency shall specify:

(1) The section number, title, and code of each statute or regulation which the licensee has violated;

(2) The manner in which the licensee failed to comply with the specified statute or regulation;

(3) The date by which the licensee shall submit a corrective action plan for correcting each deficiency; and

(4) The amount of civil penalty to be assessed in accordance with Section 9827 and the date the Department shall begin to assess the penalty, if the licensee fails to correct the noticed deficiencies in accordance with this regulation and the corrective action plan specified in Section 9825.

(1) In person before leaving the program site.

(2) By first class mail, within ten working days following the completion of the on-site compliance review, or a review of the licensee's payment records on file with the Department.

(d) Within ten working days following the issuance of the notice of deficiency, the Department shall provide a copy of the notice of deficiency to the county alcohol program administrator of the county in which the program is located.

(e) If any Class A deficiencies have been cited, the Department shall provide the written notice of deficiency to the licensee or program director before leaving the program site.

(f) The notice of deficiency shall require the licensee to correct deficiencies as specified below:

(1) The licensee shall abate or eliminate all Class A deficiencies immediately upon receipt of the notice of deficiency.

(2) The licensee shall correct all Class B deficiencies within 30 days of receipt of the notice of deficiency, unless the Department determines, based on the on-site compliance review, that the deficiency is sufficiently serious to require correction within a shorter period of time. In that event, the Department shall explain in the notice how the deficiency jeopardizes the health or safety of program participants or the general public.

(3) The licensee shall correct all Class C deficiencies within 30 days of receipt of the notice of deficiency, unless the Department determines that the deficiency cannot be completely corrected within 30 days. In that event, the Department shall specify in the notice of deficiency the time in which the deficiency shall be corrected and the reason why it cannot be corrected within 30 days.

(g) If the licensee, program director, or designee refuses to accept receipt of the written notice of deficiency, the date of the written notice shall constitute the date of receipt.

1. New section filed 4-18-95; operative 7-1-95 pursuant to Government Code section 11343.4(c) (Register 95, No. 16).
2. Amendment of subsection (a), new subsections (a)(1)-(2), amendment of subsections (c)(2)-(d) and amendment of NOTE filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).
3. Amendment of subsections (c)(2) and (f)(1) filed 12-6-2004; operative 1-5-2005 (Register 2004, No. 50).

Note: Authority cited: Sections 11755 and 11836.15, Health and Safety Code. Reference: Sections 11836.12, 11836.15, 11837, 11837.6 and 11837.7, Health and Safety Code.

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