Amended in Senate July 16, 2015

Amended in Senate June 25, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1387


Introduced by Assembly Member Chu

February 27, 2015


An act to amend Sections 1548, 1568.0822, 1569.35, 1569.49, 1596.99, and 1597.58 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1387, as amended, Chu. Care facilities: civil penalties, deficiencies, and appeal procedures.

(1) Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law authorizes any person to request an inspection of a residential care facility for the elderly by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations, including, but not limited to, a denial of access of any person statutorily authorized to enter the facility. Under existing law, upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department is required to review the complaint and promptly notify the complainant of the department’s proposed course of action.

This bill would instead authorize any person to request an investigation of a residential care facility for the elderly by making a complaint to the department alleging a violation of the applicable statutes or regulations. The bill would delete the department’s above-described obligations relating to the denial of a statutory right of access and instead impose specified requirements on the department, including a pre-investigation interview, if a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly. The bill would impose other requirements on the department relating to investigations conducted pursuant to these provisions, including, among others, that within 10 days of completing the investigation of a complaint, the department notify the complainant in writing of the department’s determination as a result of the investigation and of the complainant’s right to appeal the findings. The bill would establish a process for a complainant to appeal the department’s investigation, findings, or enforcement actions resulting from the investigation.

(2) Existing law authorizes the department to impose various civil penalties for a licensing violation under the above-described provisions, as specified. Existing law generally authorizes the department to impose a larger civil penalty for a violation that the department determines resulted in the death of a resident of or a person receiving care at one of those facilities, and for a violation that the department determines constitutes physical abuse of, or results in serious bodily injury to, a resident of or a person receiving care at one of those facilities. Prior to the issuance of a citation imposing one of those death, physical abuse, or serious bodily injury civil penalties, existing law requires the approval of the Director of Social Services.

This bill would instead require the approval of the program administrator of the Community Care Licensing Division of the department prior to the issuance of a citation imposing one of the death, physical abuse, or serious bodily injury civil penalties described above.

(3) Existing law, beginning July 1, 2015, provides a licensee under the provisions described above the right to submit to the department a written request for a formal review of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by a regional manager of the Community Care Licensing Division of the department. Existing law establishes a process to appeal that review to the program administrator of the Community Care Licensing Division of the department, to further appeal to the deputy director of the Community Care Licensing Division of the department, and, upon exhausting the deputy director review, to an administrative law judge.

This bill would revise the review process of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by, among other things, deleting the provisions relating to a regional manager of the Community Care Licensing Division of the department and the program administrator of the Community Care Licensing Division of the department. The bill would also establish a process to appeal any other civil penalty assessed pursuant to these provisions.

(4) Existing law requires the department to notify the facilities described above in writing of all deficiencies in their compliance with specified provisions of law, and requires those facilities, unless otherwise specified, to remedy the deficiencies within certain time periods. Existing law requires the department to adopt regulations setting forth the appeal procedures for deficiencies.

This bill would establish a process for a licensee to submit to the department a written request for a formal review of a finding of a deficiency, and to further appeal that review to the program administrator of the Community Care Licensing Division. The bill would also require a notification of a deficiency written by a representative of the department to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.

(5) Existing law requires moneys collected from the imposition of the penalties described above relating to child day care centers and family day care homes to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed daycare centers.

This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

It is the intent of the Legislature to enact
2legislation that would clarify the complaint process for residential
3care facilities for the elderly and revise the appeal procedures for
4a deficiency issued against a care facility licensed by the State
5Department of Social Services.

6

SEC. 2.  

Section 1548 of the Health and Safety Code, as added
7by Section 2 of Chapter 813 of the Statutes of 2014, is amended
8to read:

9

1548.  

(a) In addition to the suspension, temporary suspension,
10or revocation of a license issued under this chapter, the department
11may levy a civil penalty.

12(b) The amount of the civil penalty shall not be less than
13twenty-five dollars ($25) or more than fifty dollars ($50) per day
14for each violation of this chapter except where the nature or
15seriousness of the violation or the frequency of the violation
16warrants a higher penalty or an immediate civil penalty assessment,
17or both, as determined by the department.begin delete In no event, shallend deletebegin insert Except
18as otherwise provided in this chapter,end insert
a civil penalty assessment
19begin insert shall notend insert exceed one hundred fifty dollars ($150) per day per
20violation.

21(c) Notwithstanding Section 1534, the department shall assess
22an immediate civil penalty of one hundred fifty dollars ($150) per
23day per violation for any of the following serious violations:

24(1) (A) Fire clearance violations, including, but not limited to,
25overcapacity, ambulatory status, inoperable smoke alarms, and
26inoperable fire alarm systems. The civil penalty shall not be
27assessed if the licensee has done either of the following:

28(i) Requested the appropriate fire clearance based on ambulatory,
29nonambulatory, or bedridden status, and the decision is pending.

30(ii) Initiated eviction proceedings.

31(B) A licensee denied a clearance for bedridden residents may
32appeal to the fire authority, and, if that appeal is denied, may
33subsequently appeal to the Office of the State Fire Marshal, and
34shall not be assessed an immediate civil penalty until the final
P5    1appeal is decided, or after 60 days has passed from the date of the
2citation, whichever is earlier.

3(2) Absence of supervision, as required by statute or regulation.

4(3) Accessible bodies of water when prohibited in this chapter
5or regulations adopted pursuant to this chapter.

6(4) Accessible firearms, ammunition, or both.

7(5) Refused entry to a facility or any part of a facility in violation
8of Section 1533, 1534, or 1538.

9(6) The presence of an excluded person on the premises.

10(d) (1) For a violation that the department determines resulted
11in the death of a resident at an adult residential facility, social
12rehabilitation facility, enhanced behavioral supports home, or
13community crisis home, the civil penalty shall be fifteen thousand
14dollars ($15,000).

15(2) For a violation that the department determines resulted in
16the death of a person receiving care at an adult day program, the
17civil penalty shall be assessed as follows:

18(A) Seven thousand five hundred dollars ($7,500) for a licensee
19licensed, among all of the licensee’s facilities, to care for 50 or
20less persons.

21(B) Ten thousand dollars ($10,000) for a licensee licensed,
22among all of the licensee’s facilities, to care for more than 50
23persons.

24(3) For a violation that the department determines resulted in
25the death of a person receiving care at a therapeutic day services
26facility, foster family agency, community treatment facility,
27full-service adoption agency, noncustodial adoption agency,
28transitional shelter care facility, transitional housing placement
29provider, or group home, the civil penalty shall be assessed as
30follows:

31(A) Seven thousand five hundred dollars ($7,500) for a licensee
32licensed, among all of the licensee’s facilities, to care for 40 or
33less children.

34(B) Ten thousand dollars ($10,000) for a licensee licensed,
35among all of the licensee’s facilities, to care for 41 to 100,
36inclusive, children.

37(C) Fifteen thousand dollars ($15,000) for a licensee licensed,
38among all of the licensee’s facilities, to care for more than 100
39children.

P6    1(4) For a violation that the department determines resulted in
2the death of a resident at a runaway and homeless youth shelter,
3the civil penalty shall be five thousand dollars ($5,000).

4(e) (1) (A) For a violation that the department determines
5constitutes physical abuse, as defined in Section 15610.63 of the
6Welfare and Institutions Code, or resulted in serious bodily injury,
7as defined in Section 243 of the Penal Code, to a resident at an
8adult residential facility, social rehabilitation facility, enhanced
9behavioral supports home, or community crisis home, the civil
10penalty shall be ten thousand dollars ($10,000).

11(B) For a violation that the department determines constitutes
12physical abuse, as defined in Section 15610.63 of the Welfare and
13Institutions Code, or resulted in serious bodily injury, as defined
14in Section 243 of the Penal Code, to a person receiving care at an
15 adult day program, the civil penalty shall be assessed as follows:

16(i) Two thousand five hundred dollars ($2,500) for a licensee
17licensed, among all of the licensee’s facilities, to care for 50 or
18less persons.

19(ii) Five thousand dollars ($5,000) for a licensee licensed, among
20all of the licensee’s facilities, to care for more than 50 persons.

21(C) For a violation that the department determines constitutes
22physical abuse, as defined in paragraph (2), or resulted in serious
23bodily injury, as defined in Section 243 of the Penal Code, to a
24person receiving care at a therapeutic day services facility, foster
25family agency, community treatment facility, full-service adoption
26agency, noncustodial adoption agency, transitional shelter care
27facility, transitional housing placement provider, or group home,
28the civil penalty shall be assessed as follows:

29(i) Two thousand five hundred dollars ($2,500) for a licensee
30licensed, among all of the licensee’s facilities, to care for 40 or
31less children.

32(ii) Five thousand dollars ($5,000) for a licensee licensed, among
33all of the licensee’s facilities, to care for 41 to 100, inclusive,
34children.

35(iii) Ten thousand dollars ($10,000) for a licensee licensed,
36among all of the licensee’s facilities, to care for more than 100
37children.

38(D) For a violation that the department determines constitutes
39physical abuse, as defined in paragraph (2), or resulted in serious
40bodily injury, as defined in Section 243 of the Penal Code, to a
P7    1resident at a runaway and homeless youth shelter, the civil penalty
2shall be one thousand dollars ($1,000).

3(2) For purposes of subparagraphs (C) and (D), “physical abuse”
4includes physical injury inflicted upon a child by another person
5by other than accidental means, sexual abuse as defined in Section
611165.1 of the Penal Code, neglect as defined in Section 11165.2
7of the Penal Code, or unlawful corporal punishment or injury as
8defined in Section 11165.4 of the Penal Code when the person
9responsible for the child’s welfare is a licensee, administrator, or
10employee of any facility licensed to care for children.

11(f) Prior to the issuance of a citation imposing a civil penalty
12pursuant to subdivision (d) or (e), the decision shall be approved
13by the program administrator of the Community Care Licensing
14Division.

15(g) Notwithstanding Section 1534, any facility that is cited for
16repeating the same violation of this chapter within 12 months of
17the first violation is subject to an immediate civil penalty of one
18hundred fifty dollars ($150) and fifty dollars ($50) for each day
19the violation continues until the deficiency is corrected.

20(h) Any facility that is assessed a civil penalty pursuant to
21subdivision (g) that repeats the same violation of this chapter within
2212 months of the violation subject to subdivision (g) is subject to
23an immediate civil penalty of one hundred fifty dollars ($150) for
24each day the violation continues until the deficiency is corrected.

25(i) (1) The department shall adopt regulations setting forth the
26appeal procedures for deficiencies.

27(2) A notification of a deficiency written by a representative of
28the department shall include a factual description of the nature of
29the deficiency fully stating the manner in which the licensee failed
30to comply with the specified statute or regulation, and, if
31applicable, the particular place or area of the facility in which the
32deficiency occurred.

33(j) (1) A licensee shall have the right to submit to the
34department a written request for a formal review of a civil penalty
35assessed pursuant to subdivisions (d) and (e) within 10 business
36days of receipt of the notice of a civil penalty assessment and shall
37provide all supporting documentation at that time. The review shall
38be conducted by the deputy director of the Community Care
39Licensing Division. If the department requires additional
40information from the licensee, that information shall be requested
P8    1within the first 30begin delete calendarend deletebegin insert businessend insert days after receiving the request
2for review. If the deputy director determines that the civil penalty
3was not assessed, or the finding of the deficiency that resulted in
4the assessment of the civil penalty was not made, in accordance
5with applicable statutes or regulations of the department, he or she
6may amend or dismiss the civil penalty or finding of deficiency.
7The licensee shall be notified in writing of the deputy director’s
8decision within 60begin delete calendarend deletebegin insert businessend insert days of the request to review
9the assessment of the civil penalty.

10(2) Upon exhausting the review described in paragraph (1), a
11licensee may further appeal that decision to an administrative law
12judge. Proceedings shall be conducted in accordance with Chapter
135 (commencing with Section 11500) of Part 1 of Division 3 of
14Title 2 of the Government Code, and the department shall have all
15the powers granted by those provisions. In all proceedings
16conducted in accordance with this section, the standard of proof
17shall be by a preponderance of the evidence.

18(3) If, in addition to an assessment of civil penalties, the
19department elects to file an administrative action to suspend or
20revoke the facility license that includes violations relating to the
21assessment of the civil penalties, the department review of the
22pending appeal shall cease and the assessment of the civil penalties
23shall be heard as part of the administrative action process.

24(k) (1) A licensee shall have the right to submit to the
25department a written request for a formal review of any other civil
26penalty or deficiency not described in subdivision (j) within 10
27business days of receipt of the notice of a civil penalty assessment
28or a finding of a deficiency, and shall provide all supporting
29documentation at that time. The review shall be conducted by a
30regional manager of the Community Care Licensing Division. If
31the department requires additional information from the licensee,
32that information shall be requested within the first 30begin delete calendarend delete
33begin insert businessend insert days after receiving the request for review. If the regional
34manager determines that the civil penalty was not assessed, or the
35finding of the deficiency was not made, in accordance with
36applicable statutes or regulations of the department, he or she may
37amend or dismiss the civil penalty or finding of deficiency. The
38licensee shall be notified in writing of the regional manager’s
39decision within 60begin delete calendarend deletebegin insert businessend insert days of the request to review
40the civil penalty or finding of deficiency.

P9    1(2) Upon exhausting the review described in paragraph (1), the
2licensee may further appeal that decision to the program
3administrator of the Community Care Licensing Division within
410 business days of receipt of notice of the regional manager’s
5decision. If the program administrator determines that the civil
6penalty was not assessed, or the finding of the deficiency was not
7made, in accordance with applicable statutes or regulations of the
8department, he or she may amend or dismiss the civil penalty or
9finding of deficiency. The licensee shall be notified in writing of
10the program administrator’s decision within 60begin delete calendarend deletebegin insert businessend insert
11 days of the request to review the civil penalty or finding of
12deficiency.

13(l) The department shall adopt regulations implementing this
14section.

15(m) The department shall, by January 1, 2016, amend its
16regulations to reflect the changes to this section made by Section
172 of Chapter 813 of the Statutes of 2014.

18(n) As provided in Section 11466.31 of the Welfare and
19Institutions Code, the department may offset civil penalties owed
20by a group home against moneys to be paid by a county for the
21care of minors after the group home has exhausted its appeal of
22the civil penalty assessment. The department shall provide the
23group home a reasonable opportunity to pay the civil penalty before
24instituting the offset provision.

25(o) This section shall become operative on July 1, 2015.

26

SEC. 3.  

Section 1568.0822 of the Health and Safety Code, as
27added by Section 4 of Chapter 813 of the Statutes of 2014, is
28amended to read:

29

1568.0822.  

(a) In addition to the suspension, temporary
30suspension, or revocation of a license issued under this chapter,
31the department may levy a civil penalty.

32(b) The amount of the civil penalty shall not be less than
33twenty-five dollars ($25) or more than fifty dollars ($50) per day
34for each violation of this chapter, except where the nature or
35seriousness of the violation or the frequency of the violation
36warrants a higher penalty or an immediate civil penalty assessment,
37or both, as determined by the department.begin delete In no event shallend deletebegin insert Except
38as otherwise provided in this chapter,end insert
a civil penalty assessment
39begin insert shall notend insert exceed one hundred fifty dollars ($150) per day per
40violation.

P10   1(c) Notwithstanding Section 1568.07, the department shall assess
2an immediate civil penalty of one hundred fifty dollars ($150) per
3day per violation for any of the following serious violations:

4(1) (A) Fire clearance violations, including, but not limited to,
5overcapacity, ambulatory status, inoperable smoke alarms, and
6inoperable fire alarm systems. The civil penalty shall not be
7assessed if the licensee has done either of the following:

8(i) Requested the appropriate fire clearance based on ambulatory,
9nonambulatory, or bedridden status, and the decision is pending.

10(ii) Initiated eviction proceedings.

11(B) A licensee denied a clearance for bedridden residents may
12appeal to the fire authority, and, if that appeal is denied, may
13subsequently appeal to the Office of the State Fire Marshal, and
14shall not be assessed an immediate civil penalty until the final
15appeal is decided, or after 60 days has passed from the date of the
16citation, whichever is earlier.

17(2) Absence of supervision, as required by statute and regulation.

18(3) Accessible bodies of water, when prohibited in this chapter
19or regulations adopted pursuant to this chapter.

20(4) Accessible firearms, ammunition, or both.

21(5) Refused entry to a facility or any part of a facility in violation
22of Section 1568.07 or 1568.071.

23(6) The presence of an excluded person on the premises.

24(d) For a violation that the department determines resulted in
25the death of a resident, the civil penalty shall be fifteen thousand
26dollars ($15,000).

27(e) For a violation that the department determines constitutes
28physical abuse, as defined in Section 15610.63 of the Welfare and
29Institutions Code, or resulted in serious bodily injury, as defined
30in Section 243 of the Penal Code, to a resident, the civil penalty
31shall be ten thousand dollars ($10,000).

32(f) Prior to the issuance of a citation imposing a civil penalty
33pursuant to subdivision (d) or (e), the decision shall be approved
34by the program administrator of the Community Care Licensing
35Division.

36(g) Notwithstanding Section 1568.07, any residential care
37facility that is cited for repeating the same violation of this chapter
38within 12 months of the first violation is subject to an immediate
39civil penalty of one hundred fifty dollars ($150) and fifty dollars
P11   1($50) for each day the violation continues until the deficiency is
2corrected.

3(h) Any residential care facility that is assessed a civil penalty
4pursuant to subdivision (g) that repeats the same violation of this
5chapter within 12 months of the violation subject to subdivision
6(g) shall be assessed an immediate civil penalty of one thousand
7dollars ($1,000) and one hundred dollars ($100) for each day the
8violation continues until the deficiency is corrected, provided that
9the violation is a serious violation.

10(i) (1) The department shall adopt regulations setting forth the
11appeal procedures for deficiencies.

12(2) A notification of a deficiency written by a representative of
13the department shall include a factual description of the nature of
14the deficiency fully stating the manner in which the licensee failed
15to comply with the specified statute or regulation, and, if
16applicable, the particular place or area of the facility in which the
17deficiency occurred.

18(j) (1) A licensee shall have the right to submit to the
19department a written request for a formal review of a civil penalty
20assessed pursuant to subdivisions (d) and (e) within 10 business
21days of receipt of the notice of a civil penalty assessment and shall
22provide all supporting documentation at that time. The review shall
23be conducted by the deputy director of the Community Care
24Licensing Division. If the department requires additional
25information from the licensee, that information shall be requested
26within the first 30begin delete calendarend deletebegin insert businessend insert days after receiving the request
27for review. If the deputy director determines that the civil penalty
28was not assessed, or the finding of deficiency that resulted in the
29assessment of the civil penalty was not made, in accordance with
30applicable statutes or regulations of the department, he or she may
31amend or dismiss the civil penalty or finding of deficiency. The
32licensee shall be notified in writing of the deputy director’s decision
33within 60begin delete calendarend deletebegin insert businessend insert days of the request to review the
34assessment of the civil penalty.

35(2) Upon exhausting the review described in paragraph (1), a
36licensee may further appeal that decision to an administrative law
37judge. Proceedings shall be conducted in accordance with Chapter
385 (commencing with Section 11500) of Part 1 of Division 3 of
39Title 2 of the Government Code, and the department shall have all
40the powers granted by those provisions. In all proceedings
P12   1conducted in accordance with this section, the standard of proof
2shall be by a preponderance of the evidence.

3(3) If, in addition to an assessment of civil penalties, the
4department elects to file an administrative action to suspend or
5 revoke the facility license that includes violations relating to the
6assessment of the civil penalties, the department review of the
7pending appeal shall cease and the assessment of the civil penalties
8shall be heard as part of the administrative action process.

9(k) (1) A licensee shall have the right to submit to the
10department a written request for a formal review of any other civil
11penalty or deficiency not described in subdivision (j) within 10
12business days of receipt of the notice of a civil penalty assessment
13or a finding of a deficiency, and shall provide all supporting
14documentation at that time. The review shall be conducted by a
15regional manager of the Community Care Licensing Division. If
16the department requires additional information from the licensee,
17that information shall be requested within the first 30begin delete calendarend delete
18begin insert businessend insert days after receiving the request for review. If the regional
19manager determines that the civil penalty was not assessed, or the
20finding of the deficiency was not made, in accordance with
21applicable statutes or regulations of the department, he or she may
22amend or dismiss the civil penalty or finding of deficiency. The
23licensee shall be notified in writing of the regional manager’s
24decision within 60begin delete calendarend deletebegin insert businessend insert days of the request to review
25the civil penalty or finding of deficiency.

26(2) Upon exhausting the review described in paragraph (1), the
27licensee may further appeal that decision to the program
28administrator of the Community Care Licensing Division within
2910 business days of receipt of notice of the regional manager’s
30decision. If the program administrator determines that the civil
31penalty was not assessed, or the finding of the deficiency was not
32made, in accordance with applicable statutes or regulations of the
33department, he or she may amend or dismiss the civil penalty or
34finding of deficiency. The licensee shall be notified in writing of
35the program administrator’s decision within 60begin delete calendarend deletebegin insert businessend insert
36 days of the request to review the civil penalty or finding of
37deficiency.

38(l) The department shall adopt regulations implementing this
39section.

P13   1(m) The department shall, by January 1, 2016, amend its
2regulations to reflect the changes to this section made by Section
34 of Chapter 813 of the Statutes of 2014.

4(n) This section shall become operative on July 1, 2015.

5

SEC. 4.  

Section 1569.35 of the Health and Safety Code is
6amended to read:

7

1569.35.  

(a)  Any person may request an investigation of a
8residential care facility for the elderly in accordance with this
9chapter by making a complaint to the department alleging a
10violation of applicable requirements prescribed by statutes or
11regulations of this state, including, but not limited to, a denial of
12access of any person authorized to enter the facility pursuant to
13Section 9722 of the Welfare and Institutions Code. A complaint
14may be made either orally or in writing.

15(b)  The substance of the complaint shall be provided to the
16licensee no earlier than at the time of the inspection. Unless the
17complainant specifically requests otherwise, neither the substance
18of the complaint provided the licensee nor any copy of the
19complaint or any record published, released, or otherwise made
20available to the licensee shall disclose the name of any person
21mentioned in the complaint except the name of any duly authorized
22officer, employee, or agent of the department conducting the
23investigation or inspection pursuant to this chapter.

24(c)  (1) Upon receipt of a complaint, other than a complaint
25alleging denial of a statutory right of access to a residential care
26facility for the elderly, the department shall make a preliminary
27review and, unless the department determines that the complaint
28is willfully intended to harass a licensee or is without any
29reasonable basis, it shall make an onsite inspection within 10 days
30after receiving the complaint except where the visit would
31adversely affect the licensing investigation or the investigation of
32other agencies, including, but not limited to, law enforcement
33agencies. In either event, the complainant shall be promptly
34informed of the department’s proposed course of action.

35(2) If a local long-term care ombudsman or the State Long-Term
36Care Ombudsman files a complaint alleging denial of a statutory
37right of access to a residential care facility for the elderly under
38Section 9722 of the Welfare and Institutions Code, the department
39shall give priority to the complaint pursuant to Section 9721 of
40the Welfare and Institutions Code and notify the Office of the State
P14   1Long-Term Care Ombudsman that an investigation has been
2initiated pursuant to this section.

3(3) Prior to conducting an onsite investigation pursuant to this
4section, the department shall make a good faith effort, documented
5in writing, to contact and interview the complainant and inform
6the complainant of the department’s proposed course of action and
7the relevant deadline for the department to complete its
8investigation. To the extent practicable, the officer, employee, or
9agent of the department who will conduct the investigation shall
10be the representative who interviews and makes contact with the
11complainant.

12(d) When conducting an investigation pursuant to this section,
13the department shall consult with and, to the extent practicable,
14coordinate its investigation of a residential care facility for the
15elderly with the investigation of the facility by other agencies,
16including, but not limited to, the Office of the State Long-Term
17Care Ombudsman and law enforcement agencies.

18(e) Within 10 business days of completing the investigation of
19a complaint under this section, the department shall notify the
20complainant in writing of the department’s determination as a
21result of the investigation and of the complainant’s right to appeal
22the findings. The written notice shall describe the appeal process
23provided for under subdivisions (f) and (g) and include a copy of
24any reports and documents describing violations and enforcement
25actions resulting from the investigation.

26(f) A complainant who is dissatisfied with the department’s
27 investigation, findings, or enforcement actions resulting from the
28investigation may file an appeal by notifying the program manager
29of the officer, employee, or agent of the department conducting
30the investigation in writing within 15 business days after receiving
31the notice described in subdivision (e). The program manager shall
32schedule a meeting or teleconference with the complainant within
3330 business days of receiving an appeal. The program manager
34shall carefully review the concerns, information, and evidence
35presented by the complainant to determine whether the
36department’s findings or actions should be modified or whether
37further investigation is necessary. Within 10 business days after
38conducting the meeting or teleconference with the complainant,
39the program manager shall notify the complainant in writing of
P15   1the department’s determinations and actions concerning the appeal
2and of the appeal rights provided in subdivision (g).

3(g) If a complainant is dissatisfied with the program manager’s
4determination on an appeal pursuant to subdivision (f), the
5complainant may, within 15 business days after receipt of this
6determination, file an appeal in writing with the Quality Assurance
7Unit of the Community Care Licensing Division. Within 30
8business days of receiving an appeal, a representative of the Quality
9Assurance Unit shall interview the complainant, consider any
10information presented or submitted by the complainant, and review
11the complaint record to determine whether the department’s
12findings or actions should be modified or whether further
13investigation is necessary. No later than 10 business days after
14completing this review, the deputy director of the Community Care
15Licensing Division shall notify the complainant in writing of the
16department’s determinations and actions concerning the appeal.

17(h) A complainant may be assisted or represented by any person
18of his or her choice in the appeal processes described in this
19section.

20

SEC. 5.  

Section 1569.49 of the Health and Safety Code, as
21added by Section 6 of Chapter 813 of the Statutes of 2014, is
22amended to read:

23

1569.49.  

(a) In addition to the suspension, temporary
24suspension, or revocation of a license issued under this chapter,
25the department may levy a civil penalty.

26(b) The amount of the civil penalty shall not be less than
27twenty-five dollars ($25) or more than fifty dollars ($50) per day
28for each violation of this chapter except where the nature or
29seriousness of the violation or the frequency of the violation
30warrants a higher penalty or an immediate civil penalty assessment,
31or both, as determined by the department.begin delete In no event, shallend deletebegin insert Except
32 as otherwise provided in this chapter,end insert
a civil penalty assessment
33begin insert shall notend insert exceed one hundred fifty dollars ($150) per day per
34violation.

35(c) Notwithstanding Section 1569.33, the department shall assess
36an immediate civil penalty of one hundred fifty dollars ($150) per
37day per violation for any of the following serious violations:

38(1) (A) Fire clearance violations, including, but not limited to,
39overcapacity, ambulatory status, inoperable smoke alarms, and
P16   1inoperable fire alarm systems. The civil penalty shall not be
2assessed if the licensee has done either of the following:

3(i) Requested the appropriate fire clearance based on ambulatory,
4nonambulatory, or bedridden status, and the decision is pending.

5(ii) Initiated eviction proceedings.

6(B) A licensee denied a clearance for bedridden residents may
7appeal to the fire authority, and, if that appeal is denied, may
8subsequently appeal to the Office of the State Fire Marshal, and
9shall not be assessed an immediate civil penalty until the final
10appeal is decided, or after 60 days has passed from the date of the
11citation, whichever is earlier.

12(2) Absence of supervision as required by statute or regulation.

13(3) Accessible bodies of water, when prohibited in this chapter
14or regulations adopted pursuant to this chapter.

15(4) Accessible firearms, ammunition, or both.

16(5) Refused entry to a facility or any part of a facility in violation
17of Section 1569.32, 1569.33, or 1569.35.

18(6) The presence of an excluded person on the premises.

19(d) For a violation that the department determines resulted in
20the death of a resident, the civil penalty shall be fifteen thousand
21dollars ($15,000).

22(e) For a violation that the department determines constitutes
23physical abuse, as defined in Section 15610.63 of the Welfare and
24Institutions Code, or resulted in serious bodily injury, as defined
25in Section 15610.67 of the Welfare and Institutions Code, to a
26resident, the civil penalty shall be ten thousand dollars ($10,000).

27(f) Prior to the issuance of a citation imposing a civil penalty
28pursuant to subdivision (d) or (e), the decision shall be approved
29by the program administrator of the Community Care Licensing
30Division.

31(g) Notwithstanding Section 1569.33, any residential care
32facility for the elderly that is cited for repeating the same violation
33of this chapter within 12 months of the first violation is subject to
34an immediate civil penalty of one hundred fifty dollars ($150) and
35fifty dollars ($50) for each day the violation continues until the
36deficiency is corrected.

37(h) Any residential care facility for the elderly that is assessed
38a civil penalty pursuant to subdivision (g) that repeats the same
39violation of this chapter within 12 months of the violation subject
40to subdivision (g) shall be assessed an immediate civil penalty of
P17   1one thousand dollars ($1,000) and one hundred dollars ($100) for
2each day the violation continues until the deficiency is corrected.

3(i) (1) The department shall adopt regulations setting forth the
4appeal procedures for deficiencies.

5(2) A notification of a deficiency written by a representative of
6the department shall include a factual description of the nature of
7the deficiency fully stating the manner in which the licensee failed
8to comply with the specified statute or regulation, and, if
9applicable, the particular place or area of the facility in which the
10deficiency occurred.

11(j) (1) A licensee shall have the right to submit to the
12department a written request for a formal review of a civil penalty
13assessed pursuant to subdivisions (d) and (e) within 10 business
14days of receipt of the notice of a civil penalty assessment and shall
15provide all supporting documentation at that time. The review shall
16be conducted by the deputy director of the Community Care
17Licensing Division. If the department requires additional
18information from the licensee, that information shall be requested
19within the first 30begin delete calendarend deletebegin insert businessend insert days after receiving the request
20for review. If the deputy director determines that the civil penalty
21was not assessed, or the finding of the deficiency that resulted in
22the assessment of the civil penalty was not made, in accordance
23with applicable statutes or regulations of the department, he or she
24may amend or dismiss the civil penalty or finding of deficiency.
25The licensee shall be notified in writing of the deputy director’s
26decision within 60begin delete calendarend deletebegin insert businessend insert days of the request to review
27the assessment of the civil penalty.

28(2) Upon exhausting the review described in paragraph (1), a
29licensee may further appeal that decision to an administrative law
30judge. Proceedings shall be conducted in accordance with Chapter
315 (commencing with Section 11500) of Part 1 of Division 3 of
32Title 2 of the Government Code, and the department shall have all
33the powers granted by those provisions. In all proceedings
34conducted in accordance with this section, the standard of proof
35shall be by a preponderance of the evidence.

36(3) If, in addition to an assessment of civil penalties, the
37department elects to file an administrative action to suspend or
38revoke the facility license that includes violations relating to the
39assessment of the civil penalties, the department review of the
P18   1pending appeal shall cease and the assessment of the civil penalties
2shall be heard as part of the administrative action process.

3(k) (1) A licensee shall have the right to submit to the
4department a written request for a formal review of any other civil
5penalty or deficiency not described in subdivision (j) within 10
6business days of receipt of the notice of a civil penalty assessment
7or a finding of a deficiency, and shall provide all supporting
8documentation at that time. The review shall be conducted by a
9regional manager of the Community Care Licensing Division. If
10the department requires additional information from the licensee,
11that information shall be requested within the first 30begin delete calendarend delete
12begin insert businessend insert days after receiving the request for review. If the regional
13manager determines that the civil penalty was not assessed, or the
14finding of the deficiency was not made, in accordance with
15applicable statutes or regulations of the department, he or she may
16amend or dismiss the civil penalty or finding of deficiency. The
17licensee shall be notified in writing of the regional manager’s
18decision within 60begin delete calendarend deletebegin insert businessend insert days of the request to review
19the civil penalty or finding of deficiency.

20(2) Upon exhausting the review described in paragraph (1), the
21licensee may further appeal that decision to the program
22administrator of the Community Care Licensing Division within
2310 business days of receipt of notice of the regional manager’s
24decision. If the program administrator determines that the civil
25penalty was not assessed, or the finding of the deficiency was not
26made, in accordance with applicable statutes or regulations of the
27department, he or she may amend or dismiss the civil penalty or
28finding of deficiency. The licensee shall be notified in writing of
29the program administrator’s decision within 60begin delete calendarend deletebegin insert businessend insert
30 days of the request to review the civil penalty or finding of
31deficiency.

32(l) The department shall adopt regulations implementing this
33section.

34(m) The department shall, by January 1, 2016, amend its
35regulations to reflect the changes to this section made by Section
366 of Chapter 813 of the Statutes of 2014.

37(n) This section shall become operative on July 1, 2015.

38

SEC. 6.  

Section 1596.99 of the Health and Safety Code, as
39added by Section 8 of Chapter 813 of the Statutes of 2014, is
40amended to read:

P19   1

1596.99.  

(a) In addition to the suspension, temporary
2suspension, or revocation of a license issued under this chapter or
3Chapter 3.4 (commencing with Section 1596.70), the department
4may levy a civil penalty.

5(b) The amount of the civil penalty shall not be less than
6twenty-five dollars ($25) nor more than fifty dollars ($50) per day
7for each violation of this chapter except where the nature or
8seriousness of the violation or the frequency of the violation
9warrants a higher penalty or an immediate civil penalty assessment,
10or both, as determined by the department.begin delete In no event shallend deletebegin insert Except
11as otherwise provided in this chapter,end insert
a civil penalty assessment
12begin insert shall notend insert exceed one hundred fifty dollars ($150) per day per
13violation.

14(c) Notwithstanding Sections 1596.893a, 1596.893b, and
151596.98, the department shall assess an immediate civil penalty
16of one hundred fifty dollars ($150) per day per violation for any
17of the following serious violations:

18(1) Fire clearance violations, including, but not limited to,
19overcapacity, inoperable smoke alarms, and inoperable fire alarm
20systems.

21(2) Absence of supervision, including, but not limited to, a child
22left unattended, supervision of a child by a person under 18 years
23of age, and lack of supervision resulting in a child wandering away.

24(3) Accessible bodies of water.

25(4) Accessible firearms, ammunition, or both.

26(5) Refused entry to a facility or any part of a facility in violation
27of Section 1596.852, 1596.853, or 1597.09.

28(6) The presence of an excluded person on the premises.

29(d) For a violation that the department determines resulted in
30the death of a child, the civil penalty shall be assessed as follows:

31(1) Seven thousand five hundred dollars ($7,500) for a licensee
32licensed, among all of the licensee’s facilities, to care for 30 or
33less children.

34(2) Ten thousand dollars ($10,000) for a licensee licensed,
35among all of the licensee’s facilities, to care for 31 to 100,
36inclusive, children.

37(3) Fifteen thousand dollars ($15,000) for a licensee licensed,
38among all of the licensee’s facilities, to care for more than 100
39children.

P20   1(e) (1) For a violation that the department determines constitutes
2physical abuse or resulted in serious injury, as defined in Section
31596.8865, to a child, the civil penalty shall be assessed as follows:

4(A) Two thousand five hundred dollars ($2,500) for a licensee
5licensed, among all of the licensee’s facilities, to care for 30 or
6less children.

7(B) Five thousand dollars ($5,000) for a licensee licensed,
8among all of the licensee’s facilities, to care for 31 to 100,
9inclusive, children.

10(C) Ten thousand dollars ($10,000) for a licensee licensed,
11among all of the licensee’s facilities, to care for more than 100
12children.

13(2) For purposes of this subdivision, “physical abuse” includes
14physical injury inflicted upon a child by another person by other
15than accidental means, sexual abuse as defined in Section 11165.1
16of the Penal Code, neglect as defined in Section 11165.2 of the
17Penal Code, or unlawful corporal punishment or injury as defined
18in Section 11165.4 of the Penal Code when the person responsible
19for the child’s welfare is a licensee, administrator, or employee of
20any facility licensed to care for children, or an administrator or
21employee of a public or private school or other institution or
22agency.

23(f) Before the issuance of a citation imposing a civil penalty
24pursuant to subdivision (d) or (e), the decision shall be approved
25by the program administrator of the Community Care Licensing
26Division.

27(g) Notwithstanding Sections 1596.893a, 1596.893b, and
281596.98, any day care center that is cited for repeating the same
29violation of this chapter or Chapter 3.4 (commencing with Section
301596.70) within 12 months of the first violation is subject to an
31immediate civil penalty of one hundred fifty dollars ($150) for
32each day the violation continues until the deficiency is corrected.

33(h) Any day care center that is assessed a civil penalty under
34subdivision (g) and that repeats the same violation of this chapter
35within 12 months of the violation subject to subdivision (g) shall
36be assessed an immediate civil penalty of one hundred fifty dollars
37($150) for each day the violation continues until the deficiency is
38corrected.

39(i) Notwithstanding any other law, revenues received by the
40state from the payment of civil penalties imposed on licensed child
P21   1care centers pursuant to this chapter or Chapter 3.4 (commencing
2with Section 1596.70), shall be deposited in the Child Health and
3Safety Fund, created pursuant to Chapter 4.6 (commencing with
4Section 18285) of Part 6 of Division 9 of the Welfare and
5Institutions Code, and shall be expended, upon appropriation by
6the Legislature, pursuant to subdivision (f) of Section 18285 of
7the Welfare and Institutions Code exclusively for the technical
8assistance, orientation, training, and education of licensed day care
9center providers.

10(j) (1) The department shall adopt regulations setting forth the
11appeal procedures for deficiencies.

12(2) A notification of a deficiency written by a representative of
13the department shall include a factual description of the nature of
14the deficiency fully stating the manner in which the licensee failed
15to comply with the specified statute or regulation, and, if
16applicable, the particular place or area of the facility in which the
17deficiency occurred.

18(k) (1) A licensee shall have the right to submit to the
19department a written request for a formal review of a civil penalty
20assessed pursuant to subdivisions (d) and (e) within 10 business
21days of receipt of the notice of a civil penalty assessment and shall
22provide all supporting documentation at that time. The review shall
23be conducted by the deputy director of the Community Care
24Licensing Division. If the department requires additional
25information from the licensee, that information shall be requested
26within the first 30begin delete calendarend deletebegin insert businessend insert days after receiving the request
27for review. If the deputy director determines that the civil penalty
28was not assessed, or the finding of the deficiency that resulted in
29the assessment of the civil penalty was not made, in accordance
30with applicable statutes or regulations of the department, he or she
31may amend or dismiss the civil penalty or finding of deficiency.
32The licensee shall be notified in writing of the deputy director’s
33decision within 60begin delete calendarend deletebegin insert businessend insert days of the request to review
34the assessment of the civil penalty.

35(2) Upon exhausting the review described in paragraph (1), a
36licensee may further appeal that decision to an administrative law
37judge. Proceedings shall be conducted in accordance with Chapter
385 (commencing with Section 11500) of Part 1 of Division 3 of
39Title 2 of the Government Code, and the department shall have all
40the powers granted by those provisions. In all proceedings
P22   1conducted in accordance with this section, the standard of proof
2shall be by a preponderance of the evidence.

3(3) If, in addition to an assessment of civil penalties, the
4department elects to file an administrative action to suspend or
5revoke the facility license that includes violations relating to the
6assessment of the civil penalties, the department review of the
7pending appeal shall cease and the assessment of the civil penalties
8shall be heard as part of the administrative action process.

9(l) (1) A licensee shall have the right to submit to the
10department a written request for a formal review of any other civil
11penalty or deficiency not described in subdivision (k) within 10
12business days of receipt of the notice of a civil penalty assessment
13or a finding of a deficiency, and shall provide all supporting
14documentation at that time. The review shall be conducted by a
15regional manager of the Community Care Licensing Division. If
16the department requires additional information from the licensee,
17that information shall be requested within the first 30begin delete calendarend delete
18begin insert businessend insert days after receiving the request for review. If the regional
19manager determines that the civil penalty was not assessed, or the
20finding of the deficiency was not made, in accordance with
21applicable statutes or regulations of the department, he or she may
22amend or dismiss the civil penalty or finding of deficiency. The
23licensee shall be notified in writing of the regional manager’s
24decision within 60begin delete calendarend deletebegin insert businessend insert days of the request to review
25the civil penalty or finding of deficiency.

26(2) Upon exhausting the review described in paragraph (1), the
27licensee may further appeal that decision to the program
28administrator of the Community Care Licensing Division within
2910 business days of receipt of notice of the regional manager’s
30decision. If the program administrator determines that the civil
31penalty was not assessed, or the finding of the deficiency was not
32made, in accordance with applicable statutes or regulations of the
33department, he or she may amend or dismiss the civil penalty or
34finding of deficiency. The licensee shall be notified in writing of
35the program administrator’s decision within 60begin delete calendarend deletebegin insert businessend insert
36 days of the request to review the civil penalty or finding of
37deficiency.

38(m) The department shall, by January 1, 2016, amend its
39regulations to reflect the changes to this section made by Section
408 of Chapter 813 of the Statutes of 2014.

P23   1(n) This section shall become operative on July 1, 2015.

2

SEC. 7.  

Section 1597.58 of the Health and Safety Code, as
3added by Section 10 of Chapter 813 of the Statutes of 2014, is
4amended to read:

5

1597.58.  

(a) In addition to the suspension, temporary
6suspension, or revocation of a license issued under this chapter,
7the department may levy a civil penalty.

8(b) The amount of the civil penalty shall not be less than
9twenty-five dollars ($25) nor more than fifty dollars ($50) per day
10for each violation of this chapter except where the nature or
11seriousness of the violation or the frequency of the violation
12warrants a higher penalty or an immediate civil penalty assessment
13or both, as determined by the department.begin delete In no event shallend deletebegin insert Except
14as otherwise provided in this chapter,end insert
a civil penalty assessment
15begin insert shall notend insert exceed one hundred fifty dollars ($150) per day per
16violation.

17(c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
18and 1597.62 the department shall assess an immediate civil penalty
19of one hundred fifty dollars ($150) per day per violation for any
20of the following serious violations:

21(1) Any violation that results in the injury, illness, or death of
22a child.

23(2) Absence of supervision, including, but not limited to, a child
24left unattended, a child left alone with a person under 18 years of
25age, and lack of supervision resulting in a child wandering away.

26(3) Accessible bodies of water.

27(4) Accessible firearms, ammunition, or both.

28(5) Refused entry to a facility or any part of a facility in violation
29of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.

30(6) The presence of an excluded person on the premises.

31(d) For a violation that the department determines resulted in
32the death of a child, the civil penalty shall be assessed as follows:

33(1) Five thousand dollars ($5,000) for a small family day care
34home, as described in Section 1597.44.

35(2) Seven thousand five hundred dollars ($7,500) for a large
36family day care home, as described in Section 1597.465.

37(e) (1) For a violation that the department determines constitutes
38physical abuse or resulted in serious injury, as defined in Section
391596.8865, to a child, the civil penalty shall be assessed as follows:

P24   1(A) One thousand dollars ($1,000) for a small family day care
2home, as described in Section 1597.44.

3(B) Two thousand dollars ($2,000) for a large family day care
4home, as described in Section 1597.465.

5(2) For purposes of this subdivision, “physical abuse” includes
6physical injury inflicted upon a child by another person by other
7than accidental means, sexual abuse as defined in Section 11165.1
8of the Penal Code, neglect as defined in Section 11165.2 of the
9Penal Code, or unlawful corporal punishment or injury as defined
10in Section 11165.4 of the Penal Code when the person responsible
11for the child’s welfare is a licensee, administrator, or employee of
12any facility licensed to care for children, or an administrator or
13employee of a public or private school or other institution or
14agency.

15(f) Before the issuance of a citation imposing a civil penalty
16pursuant to subdivision (d) or (e), the decision shall be approved
17by the program administrator of the Community Care Licensing
18Division.

19(g) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
20and 1597.62, any family day care home that is cited for repeating
21the same violation of this chapter or Chapter 3.4 (commencing
22with Section 1596.70), within 12 months of the first violation is
23subject to an immediate civil penalty assessment of up to one
24hundred fifty dollars ($150) and may be assessed up to fifty dollars
25($50) for each day the violation continues until the deficiency is
26corrected.

27(h) Any family day care home that is assessed a civil penalty
28under subdivision (g) that repeats the same violation of this chapter
29within 12 months of the violation subject to subdivision (g) shall
30be assessed an immediate assessment of up to one hundred fifty
31dollars ($150) and may be assessed up to one hundred fifty dollars
32($150) for each day the violation continues until the deficiency is
33corrected.

34(i) Notwithstanding any other law, revenues received by the
35state from the payment of civil penalties imposed on licensed
36family day care homes pursuant to this chapter or Chapter 3.4
37(commencing with Section 1596.70), shall be deposited in the
38Child Health and Safety Fund, created pursuant to Chapter 4.6
39(commencing with Section 18285) of Part 6 of Division 9 of the
40Welfare and Institutions Code, and shall be expended, upon
P25   1appropriation by the Legislature, pursuant to subdivision (f) of
2Section 18285 of the Welfare and Institutions Code exclusively
3for the technical assistance, orientation, training, and education of
4licensed family day care home providers.

5(j) (1) The department shall adopt regulations setting forth the
6appeal procedures for deficiencies.

7(2) A notification of a deficiency written by a representative of
8the department shall include a factual description of the nature of
9the deficiency fully stating the manner in which the licensee failed
10to comply with the specified statute or regulation, and, if
11applicable, the particular place or area of the facility in which the
12deficiency occurred.

13(k) (1) A licensee shall have the right to submit to the
14department a written request for a formal review of a civil penalty
15assessed pursuant to subdivisions (d) and (e) within 10 business
16 days of receipt of the notice of a civil penalty assessment and shall
17provide all supporting documentation at that time. The review shall
18be conducted by the deputy director of the Community Care
19Licensing Division. If the department requires additional
20information from the licensee, that information shall be requested
21within the first 30begin delete calendarend deletebegin insert businessend insert days after receiving the request
22for review. If the deputy director determines that the civil penalty
23was not assessed, or the finding of the deficiency that resulted in
24the assessment of the civil penalty was not made, in accordance
25with applicable statutes or regulations of the department, he or she
26may amend or dismiss the civil penalty or finding of deficiency.
27The licensee shall be notified in writing of the deputy director’s
28decision within 60begin delete calendarend deletebegin insert businessend insert days of the request to review
29the assessment of the civil penalty.

30(2) Upon exhausting the review described in paragraph (1), a
31licensee may further appeal that decision to an administrative law
32judge. Proceedings shall be conducted in accordance with Chapter
335 (commencing with Section 11500) of Part 1 of Division 3 of
34Title 2 of the Government Code, and the department shall have all
35the powers granted by those provisions. In all proceedings
36conducted in accordance with this section, the standard of proof
37shall be by a preponderance of the evidence.

38(3) If, in addition to an assessment of civil penalties, the
39department elects to file an administrative action to suspend or
40revoke the facility license that includes violations relating to the
P26   1assessment of the civil penalties, the department review of the
2pending appeal shall cease and the assessment of the civil penalties
3shall be heard as part of the administrative action process.

4(l) (1) A licensee shall have the right to submit to the
5 department a written request for a formal review of any other civil
6penalty or deficiency not described in subdivision (k) within 10
7business days of receipt of the notice of a civil penalty assessment
8or a finding of a deficiency, and shall provide all supporting
9documentation at that time. The review shall be conducted by a
10regional manager of the Community Care Licensing Division. If
11the department requires additional information from the licensee,
12that information shall be requested within the first 30begin delete calendarend delete
13begin insert businessend insert days after receiving the request for review. If the regional
14manager determines that the civil penalty was not assessed, or the
15finding of the deficiency was not made, in accordance with
16applicable statutes or regulations of the department, he or she may
17amend or dismiss the civil penalty or finding of deficiency. The
18licensee shall be notified in writing of the regional manager’s
19decision within 60begin delete calendarend deletebegin insert businessend insert days of the request to review
20the civil penalty or finding of deficiency.

21(2) Upon exhausting the review described in paragraph (1), the
22licensee may further appeal that decision to the program
23administrator of the Community Care Licensing Division within
2410 business days of receipt of notice of the regional manager’s
25decision. If the program administrator determines that the civil
26penalty was not assessed, or the finding of the deficiency was not
27made, in accordance with applicable statutes or regulations of the
28department, he or she may amend or dismiss the civil penalty or
29finding of deficiency. The licensee shall be notified in writing of
30the program administrator’s decision within 60begin delete calendarend deletebegin insert businessend insert
31 days of the request to review the civil penalty or finding of
32deficiency.

33(m) The department shall, by January 1, 2016, amend its
34regulations to reflect the changes to this section made by Section
3510 of Chapter 813 of the Statutes of 2014.

36(n) This section shall become operative on July 1, 2015.



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