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 6 - Corrective Action
Section 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:

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

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

(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.

(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.