California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities
Subchapter 2 - Licensing Process
Article 7 - Licensing Appeals
Section 10550 - Administrative Review of Civil Penalties
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The licensee may appeal a notice of civil penalty by forwarding a written request for review to the Director, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95811-4037.
(b) The written request for review shall be postmarked within fifteen (15) working days of receipt by the licensee of the written notice of civil penalty. The written request for review shall include:
(c) Failure to submit the written request for review, pursuant to Subsection (b) of this regulation, shall be deemed a waiver of administrative review.
(d) Within fifteen (15) working days of receipt of the request for review, the Director or the Director's designee shall schedule and hold an informal conference with the licensee, unless the Director or the Director's designee and the licensee agree to settle the matter based upon the information submitted with the request for review.
(e) Failure to hold the informal conference within fifteen (15) working days of the receipt of the request shall be deemed a waiver of the civil penalties by the Department unless the licensee:
(f) The licensee shall have the following rights at the informal conference:
(g) The representatives of the Department who issued the Notice of Deficiency or the Notice of Civil Penalties shall attend the informal conference and present evidence and information, oral or written, in substantiation of the alleged violation.
(h) The conference shall be conducted as an informal proceeding, and shall not be conducted in the manner of a judicial hearing under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) Part 1, Division 3, Title 2 of the Government Code), and need not be conducted according to the technical rules relating to evidence and witnesses.
(i) Neither the licensee nor the Department shall have the right to subpoena any witness to attend the informal conference. However, both the licensee and the Department may present any witness to present evidence and information on its behalf at the conference.
(j) The proceedings at the informal conference may be recorded by either party on audio tape.
(k) The decision to affirm, modify, or dismiss the Notice of Civil Penalties shall be mailed by the Director or the Director's designee to the licensee postmarked no later than ten (10) working days from the date of the informal conference. The decision shall state with particularity the reason for affirming, modifying, or dismissing the Notice of Civil Penalties. A copy of the decision shall be transmitted to each party to the appeal.
(l) If the civil penalty, discussed at the informal conference, was assessed for failure to correct a Class A violation, the decision made at the informal conference shall be deemed final.
(m) If the civil penalty, discussed at the informal conference, was assessed for failure to correct a Class B or C violation, the decision shall include a statement from the Director or the Director's designee notifying the licensee of the right of further administrative appeal to the decision made at the informal conference. A hearing may be requested in accordance with Chapter 5 (commencing with Section 11500) Part 1, Division 3, Title 2 of the Government Code.
1. Renumbering
and amendment of former section
10554 to section
10550 filed 4-18-94; operative 5-18-94
(Register 94, No. 16).
2. Change without regulatory effect adopting new
article 7 heading filed 11-17-94 pursuant to section
100, title 1, California Code of
Regulations (Register 94, No. 46).
3. Amendment of subsections (h), (j),
(m) and (m)(4), new subsection (m)(5) and amendment of NOTE filed 4-9-97 as an
emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must
be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation
of law on the following day.
4. Editorial correction of subsection (g)
(Register 97, No. 25).
5. Amendment of subsections (g), (h), (j), (m) and
(m)(4), new subsection (m)(5) and amendment of NOTE refiled 6-16-97 as an emergency;
operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be
transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of
law on the following day.
6. Editorial correction of subsection (h)
(Register 97, No. 51).
7. Certificate of Compliance as to 6-16-97
emergency, including amendment of subsection (k) and further amendment of subsection
(m), transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No.
51).
8. Change without regulatory effect amending subsections (a) and
(m)(1) filed 6-12-2007 pursuant to section
100, title 1, California Code of
Regulations (Register 2007, No. 24).
9. Change without regulatory effect
amending subsections (a) and (m)(1) filed 3-6-2008 pursuant to section
100, title 1, California Code of
Regulations (Register 2008, No. 10).
Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34, 11834.36, 11834.37, 11834.45 and 11834.50, Health and Safety Code; and Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, Government Code.
