Amended in Senate August 31, 2015

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,begin insert 1596.842,end insert 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 wouldbegin delete impose other requirements onend deletebegin insert requireend insert thebegin delete department relating to investigations conducted pursuant to these provisions, including, among others, thatend deletebegin insert department,end insert within 10 days of completing the investigation of abegin delete complaint, the departmentend deletebegin insert complaint conducted pursuant to these provisions, toend insert notify the complainant in writing of the department’s determination as a result of thebegin delete 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 theend delete 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.begin insert The bill would authorize the department to implement and administer these provisions through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act, and would make conforming changes.end insert

(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 licensedbegin delete daycareend deletebegin insert day careend insert 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. Except as otherwise
18provided in this chapter, a civil penalty assessment shall not exceed
19one hundred fifty dollars ($150) per day per violation.

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

23(1) (A) Fire clearance violations, including, but not limited to,
24overcapacity, ambulatory status, inoperable smoke alarms, and
25inoperable fire alarm systems. The civil penalty shall not be
26assessed if the licensee has done either of the following:

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

29(ii) Initiated eviction proceedings.

30(B) A licensee denied a clearance for bedridden residents may
31appeal to the fire authority, and, if that appeal is denied, may
P5    1subsequently appeal to the Office of the State Fire Marshal, and
2shall not be assessed an immediate civil penalty until the final
3appeal is decided, or after 60 days has passed from the date of the
4citation, whichever is earlier.

5(2) Absence of supervision, as required by statute or regulation.

6(3) Accessible bodies of water when prohibited in this chapter
7or regulations adopted pursuant to this chapter.

8(4) Accessible firearms, ammunition, or both.

9(5) Refused entry to a facility or any part of a facility in violation
10of Section 1533, 1534, or 1538.

11(6) The presence of an excluded person on the premises.

12(d) (1) For a violation that the department determines resulted
13in the death of a resident at an adult residential facility, social
14rehabilitation facility, enhanced behavioral supports home, or
15community crisis home, the civil penalty shall be fifteen thousand
16dollars ($15,000).

17(2) For a violation that the department determines resulted in
18the death of a person receiving care at an adult day program, the
19civil penalty shall be assessed as follows:

20(A) Seven thousand five hundred dollars ($7,500) for a licensee
21licensed, among all of the licensee’s facilities, to care for 50 or
22less persons.

23(B) Ten thousand dollars ($10,000) for a licensee licensed,
24among all of the licensee’s facilities, to care for more than 50
25persons.

26(3) For a violation that the department determines resulted in
27the death of a person receiving care at a therapeutic day services
28facility, foster family agency, community treatment facility,
29full-service adoption agency, noncustodial adoption agency,
30transitional shelter care facility, transitional housing placement
31provider, or group home, the civil penalty shall be assessed as
32follows:

33(A) Seven thousand five hundred dollars ($7,500) for a licensee
34licensed, among all of the licensee’s facilities, to care for 40 or
35less children.

36(B) Ten thousand dollars ($10,000) for a licensee licensed,
37among all of the licensee’s facilities, to care for 41 to 100,
38inclusive, children.

P6    1(C) Fifteen thousand dollars ($15,000) for a licensee licensed,
2among all of the licensee’s facilities, to care for more than 100
3children.

4(4) For a violation that the department determines resulted in
5the death of a resident at a runaway and homeless youth shelter,
6the civil penalty shall be five thousand dollars ($5,000).

7(e) (1) (A) For a violation that the department determines
8constitutes physical abuse, as defined in Section 15610.63 of the
9Welfare and Institutions Code, or resulted in serious bodily injury,
10as defined in Section 243 of the Penal Code, to a resident at an
11adult residential facility, social rehabilitation facility, enhanced
12behavioral supports home, or community crisis home, the civil
13penalty shall be ten thousand dollars ($10,000).

14(B) For a violation that the department determines constitutes
15physical abuse, as defined in Section 15610.63 of the Welfare and
16Institutions Code, or resulted in serious bodily injury, as defined
17in Section 243 of the Penal Code, to a person receiving care at an
18 adult day program, the civil penalty shall be assessed as follows:

19(i) Two thousand five hundred dollars ($2,500) for a licensee
20licensed, among all of the licensee’s facilities, to care for 50 or
21less persons.

22(ii) Five thousand dollars ($5,000) for a licensee licensed, among
23all of the licensee’s facilities, to care for more than 50 persons.

24(C) For a violation that the department determines constitutes
25physical abuse, as defined in paragraph (2), or resulted in serious
26bodily injury, as defined in Section 243 of the Penal Code, to a
27person receiving care at a therapeutic day services facility, foster
28family agency, community treatment facility, full-service adoption
29agency, noncustodial adoption agency, transitional shelter care
30facility, transitional housing placement provider, or group home,
31the civil penalty shall be assessed as follows:

32(i) Two thousand five hundred dollars ($2,500) for a licensee
33licensed, among all of the licensee’s facilities, to care for 40 or
34less children.

35(ii) Five thousand dollars ($5,000) for a licensee licensed, among
36all of the licensee’s facilities, to care for 41 to 100, inclusive,
37children.

38(iii) Ten thousand dollars ($10,000) for a licensee licensed,
39among all of the licensee’s facilities, to care for more than 100
40children.

P7    1(D) For a violation that the department determines constitutes
2physical abuse, as defined in paragraph (2), or resulted in serious
3bodily injury, as defined in Section 243 of the Penal Code, to a
4resident at a runaway and homeless youth shelter, the civil penalty
5shall be one thousand dollars ($1,000).

6(2) For purposes of subparagraphs (C) and (D), “physical abuse”
7includes physical injury inflicted upon a child by another person
8by other than accidental means, sexual abuse as defined in Section
911165.1 of the Penal Code, neglect as defined in Section 11165.2
10of the Penal Code, or unlawful corporal punishment or injury as
11defined in Section 11165.4 of the Penal Code when the person
12responsible for the child’s welfare is a licensee, administrator, or
13employee of any facility licensed to care for children.

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

18(g) Notwithstanding Section 1534, any facility that is cited for
19repeating the same violation of this chapter within 12 months of
20the first violation is subject to an immediate civil penalty of one
21hundred fifty dollars ($150) and fifty dollars ($50) for each day
22the violation continues until the deficiency is corrected.

23(h) Any facility that is assessed a civil penalty pursuant to
24subdivision (g) that repeats the same violation of this chapter within
2512 months of the violation subject to subdivision (g) is subject to
26an immediate civil penalty of one hundred fifty dollars ($150) for
27each day the violation continues until the deficiency is corrected.

28(i) (1) The department shall adopt regulations setting forth the
29appeal procedures for deficiencies.

30(2) A notification of a deficiency written by a representative of
31the department shall include a factual description of the nature of
32the deficiency fully stating the manner in which the licensee failed
33to comply with the specified statute or regulation, and, if
34applicable, the particular place or area of the facility in which the
35deficiency occurred.

36(j) (1) A licensee shall have the right to submit to the
37department a written request for a formal review of a civil penalty
38assessed pursuant to subdivisions (d) and (e) withinbegin delete 10end deletebegin insert 15end insert business
39days of receipt of the notice of a civil penalty assessment and shall
40provide allbegin insert availableend insert supporting documentation at that time. The
P8    1review shall be conducted by the deputy director of the Community
2Care Licensing Division.begin insert The licensee may submit additional
3supporting documentation that was unavailable at the time of
4submitting the request for review within the first 30 business days
5after submitting the request for review.end insert
If the department requires
6additional information from the licensee, that information shall be
7requested within the first 30 business days after receiving the
8request for review.begin insert The licensee shall provide this additional
9information within 30 business days of receiving the request from
10the department.end insert
If the deputy director determines that the civil
11penalty was not assessed, or the finding of the deficiency that
12resulted in the assessment of the civil penalty was not made, in
13accordance with applicable statutes or regulations of the
14department, he or she may amend or dismiss the civil penalty or
15finding of deficiency. The licensee shall be notified in writing of
16the deputy director’s decision within 60 business days of the
17begin delete request to review the assessment of the civil penalty.end deletebegin insert date when
18all necessary information has been provided to the department by
19the licensee.end insert

20(2) Upon exhausting the review described in paragraph (1), a
21licensee may further appeal that decision to an administrative law
22judge. Proceedings shall be conducted in accordance with Chapter
235 (commencing with Section 11500) of Part 1 of Division 3 of
24Title 2 of the Government Code, and the department shall have all
25the powers granted by those provisions. In all proceedings
26conducted in accordance with this section, the standard of proof
27shall be by a preponderance of the evidence.

28(3) If, in addition to an assessment of civil penalties, the
29department elects to file an administrative action to suspend or
30revoke the facility license that includes violations relating to the
31assessment of the civil penalties, the department review of the
32pending appeal shall cease and the assessment of the civil penalties
33shall be heard as part of the administrative action process.

34(k) (1) A licensee shall have the right to submit to the
35department a written request for a formal review of any other civil
36penalty or deficiency not described in subdivision (j) withinbegin delete 10end deletebegin insert 15end insert
37 business days of receipt of the notice of a civil penalty assessment
38or a finding of a deficiency, and shall provide allbegin insert availableend insert
39 supporting documentation at that time. The review shall be
40conducted by a regional manager of the Community Care Licensing
P9    1Division.begin insert The licensee may submit additional supporting
2documentation that was unavailable at the time of submitting the
3request for review within the first 30 business days after submitting
4the request for review.end insert
If the department requires additional
5information from the licensee, that information shall be requested
6within the first 30 business days after receiving the request for
7review.begin insert The licensee shall provide this additional information
8within 30 business days of receiving the request from the
9department.end insert
If the regional manager determines that the civil
10penalty was not assessed, or the finding of the deficiency was not
11made, in accordance with applicable statutes or regulations of the
12department, he or she may amend or dismiss the civil penalty or
13finding of deficiency. The licensee shall be notified in writing of
14the regional manager’s decision within 60 business days of the
15begin delete request to review the civil penalty or finding of deficiency.end deletebegin insert date
16when all necessary information has been provided to the
17department by the licensee.end insert

18(2) Upon exhausting the review described in paragraph (1), the
19licensee may further appeal that decision to the program
20administrator of the Community Care Licensing Division within
21begin delete 10end deletebegin insert 15end insert business days of receipt of notice of the regional manager’s
22decision.begin insert The licensee may submit additional supporting
23documentation that was unavailable at the time of appeal to the
24program administrator within the first 30 business days after
25requesting that appeal. If the department requires additional
26information from the licensee, that information shall be requested
27within the first 30 business days after receiving the request for the
28appeal. The licensee shall provide this additional information
29within 30 business days of receiving the request from the
30department.end insert
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 60 business days of
36thebegin delete request to review the civil penalty or finding of deficiency.end delete
37begin insert date when all necessary information has been provided to the
38department by the licensee. The program administrator’s decision
39is considered final and concludes the licensee’s administrative
P10   1appeal rights regarding the appeal conducted pursuant to this
2paragraph.end insert

3(l) The department shall adopt regulations implementing this
4section.

5(m) The department shall, by January 1, 2016, amend its
6regulations to reflect the changes to this section made by Section
72 of Chapter 813 of the Statutes of 2014.

8(n) As provided in Section 11466.31 of the Welfare and
9Institutions Code, the department may offset civil penalties owed
10by a group home against moneys to be paid by a county for the
11care of minors after the group home has exhausted its appeal of
12the civil penalty assessment. The department shall provide the
13group home a reasonable opportunity to pay the civil penalty before
14instituting the offset provision.

begin insert

15(o) Notwithstanding the Administrative Procedure Act (Chapter
163.5 (commencing with Section 11340) of Part 1 of Division 3 of
17Title 2 of the Government Code), the department may implement
18and administer the changes made by the act that added this
19subdivision through all-county letters or similar written
20instructions until regulations are adopted pursuant to the
21Administrative Procedure Act.

end insert
begin delete

22(o)

end delete

23begin insert(p)end insert This section shall become operative on July 1, 2015.

24

SEC. 3.  

Section 1568.0822 of the Health and Safety Code, as
25added by Section 4 of Chapter 813 of the Statutes of 2014, is
26amended to read:

27

1568.0822.  

(a) In addition to the suspension, temporary
28suspension, or revocation of a license issued under this chapter,
29the department may levy a civil penalty.

30(b) The amount of the civil penalty shall not be less than
31twenty-five dollars ($25) or more than fifty dollars ($50) per day
32for each violation of this chapter, except where the nature or
33seriousness of the violation or the frequency of the violation
34warrants a higher penalty or an immediate civil penalty assessment,
35or both, as determined by the department. Except as otherwise
36provided in this chapter, a civil penalty assessment shall not exceed
37one hundred fifty dollars ($150) per day per violation.

38(c) Notwithstanding Section 1568.07, the department shall assess
39an immediate civil penalty of one hundred fifty dollars ($150) per
40day per violation for any of the following serious violations:

P11   1(1) (A) Fire clearance violations, including, but not limited to,
2overcapacity, ambulatory status, inoperable smoke alarms, and
3inoperable fire alarm systems. The civil penalty shall not be
4assessed if the licensee has done either of the following:

5(i) Requested the appropriate fire clearance based on ambulatory,
6nonambulatory, or bedridden status, and the decision is pending.

7(ii) Initiated eviction proceedings.

8(B) A licensee denied a clearance for bedridden residents may
9appeal to the fire authority, and, if that appeal is denied, may
10subsequently appeal to the Office of the State Fire Marshal, and
11shall not be assessed an immediate civil penalty until the final
12appeal is decided, or after 60 days has passed from the date of the
13citation, whichever is earlier.

14(2) Absence of supervision, as required by statute and regulation.

15(3) Accessible bodies of water, when prohibited in this chapter
16or regulations adopted pursuant to this chapter.

17(4) Accessible firearms, ammunition, or both.

18(5) Refused entry to a facility or any part of a facility in violation
19of Section 1568.07 or 1568.071.

20(6) The presence of an excluded person on the premises.

21(d) For a violation that the department determines resulted in
22the death of a resident, the civil penalty shall be fifteen thousand
23dollars ($15,000).

24(e) For a violation that the department determines constitutes
25physical abuse, as defined in Section 15610.63 of the Welfare and
26Institutions Code, or resulted in serious bodily injury, as defined
27in Section 243 of the Penal Code, to a resident, the civil penalty
28shall be ten thousand dollars ($10,000).

29(f) Prior to the issuance of a citation imposing a civil penalty
30pursuant to subdivision (d) or (e), the decision shall be approved
31by the program administrator of the Community Care Licensing
32Division.

33(g) Notwithstanding Section 1568.07, any residential care
34facility that is cited for repeating the same violation of this chapter
35within 12 months of the first violation is subject to an immediate
36civil penalty of one hundred fifty dollars ($150) and fifty dollars
37($50) for each day the violation continues until the deficiency is
38corrected.

39(h) Any residential care facility that is assessed a civil penalty
40pursuant to subdivision (g) that repeats the same violation of this
P12   1chapter within 12 months of the violation subject to subdivision
2(g) shall be assessed an immediate civil penalty of one thousand
3dollars ($1,000) and one hundred dollars ($100) for each day the
4violation continues until the deficiency is corrected, provided that
5the violation is a serious violation.

6(i) (1) The department shall adopt regulations setting forth the
7appeal procedures for deficiencies.

8(2) A notification of a deficiency written by a representative of
9the department shall include a factual description of the nature of
10the deficiency fully stating the manner in which the licensee failed
11to comply with the specified statute or regulation, and, if
12applicable, the particular place or area of the facility in which the
13deficiency occurred.

14(j) (1) A licensee shall have the right to submit to the
15department a written request for a formal review of a civil penalty
16assessed pursuant to subdivisions (d) and (e) withinbegin delete 10end deletebegin insert 15end insert business
17days of receipt of the notice of a civil penalty assessment and shall
18provide allbegin insert availableend insert supporting documentation at that time. The
19review shall be conducted by the deputy director of the Community
20Care Licensing Division.begin insert The licensee may submit additional
21supporting documentation that was unavailable at the time of
22submitting the request for review within the first 30 business days
23after submitting the request for review.end insert
If the department requires
24additional information from the licensee, that information shall be
25requested within the first 30 business days after receiving the
26request for review.begin insert The licensee shall provide this additional
27information within 30 business days of receiving the request from
28the department.end insert
If the deputy director determines that the civil
29penalty was not assessed, or the finding of deficiency that resulted
30in the assessment of the civil penalty was not made, in accordance
31with applicable statutes or regulations of the department, he or she
32may amend or dismiss the civil penalty or finding of deficiency.
33The licensee shall be notified in writing of the deputy director’s
34decision within 60 business days of thebegin delete request to review the
35assessment of the civil penalty.end delete
begin insert date when all necessary information
36has been provided to the department by the licensee.end insert

37(2) Upon exhausting the review described in paragraph (1), a
38licensee may further appeal that decision to an administrative law
39judge. Proceedings shall be conducted in accordance with Chapter
405 (commencing with Section 11500) of Part 1 of Division 3 of
P13   1Title 2 of the Government Code, and the department shall have all
2the powers granted by those provisions. In all proceedings
3conducted in accordance with this section, the standard of proof
4shall be by a preponderance of the evidence.

5(3) If, in addition to an assessment of civil penalties, the
6department elects to file an administrative action to suspend or
7 revoke the facility license that includes violations relating to the
8assessment of the civil penalties, the department review of the
9pending appeal shall cease and the assessment of the civil penalties
10shall be heard as part of the administrative action process.

11(k) (1) A licensee shall have the right to submit to the
12department a written request for a formal review of any other civil
13penalty or deficiency not described in subdivision (j) withinbegin delete 10end deletebegin insert 15end insert
14 business days of receipt of the notice of a civil penalty assessment
15or a finding of a deficiency, and shall provide allbegin insert availableend insert
16 supporting documentation at that time. The review shall be
17conducted by a regional manager of the Community Care Licensing
18Division.begin insert The licensee may submit additional supporting
19documentation that was unavailable at the time of submitting the
20request for review within the first 30 business days after submitting
21the request for review.end insert
If the department requires additional
22information from the licensee, that information shall be requested
23within the first 30 business days after receiving the request for
24review.begin insert The licensee shall provide this additional information
25within 30 business days of receiving the request from the
26department.end insert
If the regional manager determines that the civil
27penalty was not assessed, or the finding of the deficiency was not
28made, in accordance with applicable statutes or regulations of the
29department, he or she may amend or dismiss the civil penalty or
30finding of deficiency. The licensee shall be notified in writing of
31the regional manager’s decision within 60 business days of the
32begin delete request to review the civil penalty or finding of deficiency.end deletebegin insert date
33when all necessary information has been provided to the
34department by the licensee.end insert

35(2) Upon exhausting the review described in paragraph (1), the
36licensee may further appeal that decision to the program
37administrator of the Community Care Licensing Division within
38begin delete 10end deletebegin insert 15end insert business days of receipt of notice of the regional manager’s
39decision.begin insert The licensee may submit additional supporting
40documentation that was unavailable at the time of appeal to the
P14   1program administrator within the first 30 business days after
2requesting that appeal. If the department requires additional
3information from the licensee, that information shall be requested
4within the first 30 business days after receiving the request for the
5appeal. The licensee shall provide this additional information
6within 30 business days of receiving the request from the
7department.end insert
If the program administrator determines that the civil
8penalty was not assessed, or the finding of the deficiency was not
9made, in accordance with applicable statutes or regulations of the
10department, he or she may amend or dismiss the civil penalty or
11finding of deficiency. The licensee shall be notified in writing of
12the program administrator’s decision within 60 business days of
13thebegin delete request to review the civil penalty or finding of deficiency.end delete
14begin insert date when all necessary information has been provided to the
15department by the licensee. The program administrator’s decision
16is considered final and concludes the licensee’s administrative
17appeal rights regarding the appeal conducted pursuant to this
18paragraph.end insert

19(l) The department shall adopt regulations implementing this
20section.

21(m) The department shall, by January 1, 2016, amend its
22regulations to reflect the changes to this section made by Section
234 of Chapter 813 of the Statutes of 2014.

begin insert

24(n) Notwithstanding the Administrative Procedure Act (Chapter
253.5 (commencing with Section 11340) of Part 1 of Division 3 of
26Title 2 of the Government Code), the department may implement
27and administer the changes made by the act that added this
28subdivision through all-county letters or similar written
29instructions until regulations are adopted pursuant to the
30Administrative Procedure Act.

end insert
begin delete

31(n)

end delete

32begin insert(o)end insert This section shall become operative on July 1, 2015.

33

SEC. 4.  

Section 1569.35 of the Health and Safety Code is
34amended to read:

35

1569.35.  

(a)  Any person may request an investigation of a
36residential care facility for the elderly in accordance with this
37chapter by making a complaint to the department alleging a
38violation of applicable requirements prescribed by statutes or
39regulations of this state, including, but not limited to, a denial of
40access of any person authorized to enter the facility pursuant to
P15   1Section 9722 of the Welfare and Institutions Code. A complaint
2may be made either orally or in writing.

3(b)  The substance of the complaint shall be provided to the
4licensee no earlier than at the time of the inspection. Unless the
5complainant specifically requests otherwise, neither the substance
6of the complaint provided the licensee nor any copy of the
7complaint or any record published, released, or otherwise made
8available to the licensee shall disclose the name of any person
9mentioned in the complaint except the name of any duly authorized
10officer, employee, or agent of the department conducting the
11investigation or inspection pursuant to this chapter.

12(c)  (1) Upon receipt of a complaint, other than a complaint
13alleging denial of a statutory right of access to a residential care
14facility for the elderly, the department shall make a preliminary
15review and, unless the department determines that the complaint
16is willfully intended to harass a licensee or is without any
17reasonable basis, it shall make an onsite inspection within 10 days
18after receiving the complaint except where the visit would
19adversely affect the licensing investigation or the investigation of
20other agencies, including, but not limited to, law enforcement
21agencies. In either event, the complainant shall be promptly
22informed of the department’s proposed course of action.

23(2) If a local long-term care ombudsman or the State Long-Term
24Care Ombudsman files a complaint alleging denial of a statutory
25right of access to a residential care facility for the elderly under
26Section 9722 of the Welfare and Institutions Code, the department
27shall give priority to the complaint pursuant to Section 9721 of
28the Welfare and Institutions Code and notify the Office of the State
29Long-Term Care Ombudsman that an investigation has been
30initiated pursuant to this section.

31(3) Prior to conducting an onsite investigation pursuant to this
32section, the department shall make a good faith effort, documented
33in writing, to contact and interview the complainant and inform
34the complainant of the department’s proposed course of action and
35the relevant deadline for the department to complete its
36investigation. To the extent practicable, the officer, employee, or
37agent of the department who will conduct the investigation shall
38be the representative who interviews and makes contact with the
39complainant.

begin delete

P16   1(d) When conducting an investigation pursuant to this section,
2the department shall consult with and, to the extent practicable,
3coordinate its investigation of a residential care facility for the
4elderly with the investigation of the facility by other agencies,
5including, but not limited to, the Office of the State Long-Term
6Care Ombudsman and law enforcement agencies.

7(e)

end delete

8begin insert(d)end insert Within 10 business days of completing the investigation of
9a complaint under this section, the department shall notify the
10complainant in writing of the department’s determination as a
11result of thebegin delete investigation and of the complainant’s right to appeal
12the findings. The written notice shall describe the appeal process
13provided for under subdivisions (f) and (g) and include a copy of
14any reports and documents describing violations and enforcement
15actions resulting from theend delete
investigation.

begin delete

16(f) A complainant who is dissatisfied with the department’s
17 investigation, findings, or enforcement actions resulting from the
18investigation may file an appeal by notifying the program manager
19of the officer, employee, or agent of the department conducting
20the investigation in writing within 15 business days after receiving
21the notice described in subdivision (e). The program manager shall
22schedule a meeting or teleconference with the complainant within
2330 business days of receiving an appeal. The program manager
24shall carefully review the concerns, information, and evidence
25presented by the complainant to determine whether the
26department’s findings or actions should be modified or whether
27further investigation is necessary. Within 10 business days after
28conducting the meeting or teleconference with the complainant,
29the program manager shall notify the complainant in writing of
30the department’s determinations and actions concerning the appeal
31and of the appeal rights provided in subdivision (g).

32(g) If a complainant is dissatisfied with the program manager’s
33determination on an appeal pursuant to subdivision (f), the
34complainant may, within 15 business days after receipt of this
35determination, file an appeal in writing with the Quality Assurance
36Unit of the Community Care Licensing Division. Within 30
37business days of receiving an appeal, a representative of the Quality
38Assurance Unit shall interview the complainant, consider any
39information presented or submitted by the complainant, and review
40the complaint record to determine whether the department’s
P17   1findings or actions should be modified or whether further
2investigation is necessary. No later than 10 business days after
3completing this review, the deputy director of the Community Care
4Licensing Division shall notify the complainant in writing of the
5department’s determinations and actions concerning the appeal.

6(h) A complainant may be assisted or represented by any person
7of his or her choice in the appeal processes described in this
8section.

end delete
9

SEC. 5.  

Section 1569.49 of the Health and Safety Code, as
10added by Section 6 of Chapter 813 of the Statutes of 2014, is
11amended to read:

12

1569.49.  

(a) In addition to the suspension, temporary
13suspension, or revocation of a license issued under this chapter,
14the department may levy a civil penalty.

15(b) The amount of the civil penalty shall not be less than
16twenty-five dollars ($25) or more than fifty dollars ($50) per day
17for each violation of this chapter except where the nature or
18seriousness of the violation or the frequency of the violation
19warrants a higher penalty or an immediate civil penalty assessment,
20or both, as determined by the department. Except as otherwise
21provided in this chapter, a civil penalty assessment shall not exceed
22one hundred fifty dollars ($150) per day per violation.

23(c) Notwithstanding Section 1569.33, the department shall assess
24an immediate civil penalty of one hundred fifty dollars ($150) per
25day per violation for any of the following serious violations:

26(1) (A) Fire clearance violations, including, but not limited to,
27overcapacity, ambulatory status, inoperable smoke alarms, and
28inoperable fire alarm systems. The civil penalty shall not be
29assessed if the licensee has done either of the following:

30(i) Requested the appropriate fire clearance based on ambulatory,
31nonambulatory, or bedridden status, and the decision is pending.

32(ii) Initiated eviction proceedings.

33(B) A licensee denied a clearance for bedridden residents may
34appeal to the fire authority, and, if that appeal is denied, may
35subsequently appeal to the Office of the State Fire Marshal, and
36shall not be assessed an immediate civil penalty until the final
37appeal is decided, or after 60 days has passed from the date of the
38citation, whichever is earlier.

39(2) Absence of supervision as required by statute or regulation.

P18   1(3) Accessible bodies of water, when prohibited in this chapter
2or regulations adopted pursuant to this chapter.

3(4) Accessible firearms, ammunition, or both.

4(5) Refused entry to a facility or any part of a facility in violation
5of Section 1569.32, 1569.33, or 1569.35.

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

7(d) For a violation that the department determines resulted in
8the death of a resident, the civil penalty shall be fifteen thousand
9dollars ($15,000).

10(e) For a violation that the department determines constitutes
11physical abuse, as defined in Section 15610.63 of the Welfare and
12Institutions Code, or resulted in serious bodily injury, as defined
13in Section 15610.67 of the Welfare and Institutions Code, to a
14resident, the civil penalty shall be ten thousand dollars ($10,000).

15(f) Prior to 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 Section 1569.33, any residential care
20facility for the elderly that is cited for repeating the same violation
21of this chapter within 12 months of the first violation is subject to
22an immediate civil penalty of one hundred fifty dollars ($150) and
23fifty dollars ($50) for each day the violation continues until the
24deficiency is corrected.

25(h) Any residential care facility for the elderly that is assessed
26a civil penalty pursuant to subdivision (g) that repeats the same
27violation of this chapter within 12 months of the violation subject
28to subdivision (g) shall be assessed an immediate civil penalty of
29one thousand dollars ($1,000) and one hundred dollars ($100) for
30each day the violation continues until the deficiency is corrected.

31(i) (1) The department shall adopt regulations setting forth the
32appeal procedures for deficiencies.

33(2) A notification of a deficiency written by a representative of
34the department shall include a factual description of the nature of
35the deficiency fully stating the manner in which the licensee failed
36to comply with the specified statute or regulation, and, if
37applicable, the particular place or area of the facility in which the
38deficiency occurred.

39(j) (1) A licensee shall have the right to submit to the
40department a written request for a formal review of a civil penalty
P19   1assessed pursuant to subdivisions (d) and (e) withinbegin delete 10end deletebegin insert 15end insert business
2days of receipt of the notice of a civil penalty assessment and shall
3provide allbegin insert availableend insert supporting documentation at that time. The
4review shall be conducted by the deputy director of the Community
5Care Licensing Division.begin insert The licensee may submit additional
6supporting documentation that was unavailable at the time of
7submitting the request for review within the first 30 business days
8after submitting the request for review.end insert
If the department requires
9additional information from the licensee, that information shall be
10requested within the first 30 business days after receiving the
11request for review.begin insert The licensee shall provide this additional
12information within 30 business days of receiving the request from
13the department.end insert
If the deputy director determines that the civil
14penalty was not assessed, or the finding of the deficiency that
15resulted in the assessment of the civil penalty was not made, in
16accordance with applicable statutes or regulations of the
17department, he or she may amend or dismiss the civil penalty or
18finding of deficiency. The licensee shall be notified in writing of
19the deputy director’s decision within 60 business days of the
20begin delete request to review the assessment of the civil penalty.end deletebegin insert date when
21all necessary information has been provided to the department by
22the licensee.end insert

23(2) Upon exhausting the review described in paragraph (1), a
24licensee may further appeal that decision to an administrative law
25judge. Proceedings shall be conducted in accordance with Chapter
265 (commencing with Section 11500) of Part 1 of Division 3 of
27Title 2 of the Government Code, and the department shall have all
28the powers granted by those provisions. In all proceedings
29conducted in accordance with this section, the standard of proof
30shall be by a preponderance of the evidence.

31(3) If, in addition to an assessment of civil penalties, the
32department elects to file an administrative action to suspend or
33revoke the facility license that includes violations relating to the
34assessment of the civil penalties, the department review of the
35pending appeal shall cease and the assessment of the civil penalties
36shall be heard as part of the administrative action process.

37(k) (1) A licensee shall have the right to submit to the
38department a written request for a formal review of any other civil
39penalty or deficiency not described in subdivision (j) withinbegin delete 10end deletebegin insert 15end insert
40 business days of receipt of the notice of a civil penalty assessment
P20   1or a finding of a deficiency, and shall provide allbegin insert availableend insert
2 supporting documentation at that time. The review shall be
3conducted by a regional manager of the Community Care Licensing
4Division.begin insert The licensee may submit additional supporting
5documentation that was unavailable at the time of submitting the
6request for review within the first 30 business days after submitting
7the request for review.end insert
If the department requires additional
8information from the licensee, that information shall be requested
9within the first 30 business days after receiving the request for
10review.begin insert The licensee shall provide this additional information
11within 30 business days of receiving the request from the
12department.end insert
If the regional manager determines that the civil
13penalty was not assessed, or the finding of the deficiency was not
14made, in accordance with applicable statutes or regulations of the
15department, he or she may amend or dismiss the civil penalty or
16finding of deficiency. The licensee shall be notified in writing of
17the regional manager’s decision within 60 business days of the
18begin delete request to review the civil penalty or finding of deficiency.end deletebegin insert date
19when all necessary information has been provided to the
20department by the licensee.end insert

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
24begin delete 10end deletebegin insert 15end insert business days of receipt of notice of the regional manager’s
25decision.begin insert The licensee may submit additional supporting
26documentation that was unavailable at the time of appeal to the
27program administrator within the first 30 business days after
28requesting that appeal. If the department requires additional
29information from the licensee, that information shall be requested
30within the first 30 business days after receiving the request for the
31appeal. The licensee shall provide this additional information
32within 30 business days of receiving the request from the
33department.end insert
If the program administrator determines that the civil
34penalty was not assessed, or the finding of the deficiency was not
35made, in accordance with applicable statutes or regulations of the
36department, he or she may amend or dismiss the civil penalty or
37finding of deficiency. The licensee shall be notified in writing of
38the program administrator’s decision within 60 business days of
39thebegin delete request to review the civil penalty or finding of deficiency.end delete
40begin insert date when all necessary information has been provided to the
P21   1department by the licensee. The program administrator’s decision
2is considered final and concludes the licensee’s administrative
3appeal rights regarding the appeal conducted pursuant to this
4paragraph.end insert

5(l) The department shall adopt regulations implementing this
6section.

7(m) The department shall, by January 1, 2016, amend its
8regulations to reflect the changes to this section made by Section
96 of Chapter 813 of the Statutes of 2014.

begin insert

10(n) Notwithstanding the Administrative Procedure Act (Chapter
113.5 (commencing with Section 11340) of Part 1 of Division 3 of
12Title 2 of the Government Code), the department may implement
13and administer the changes made by the act that added this
14subdivision through all-county letters or similar written
15instructions until regulations are adopted pursuant to the
16Administrative Procedure Act.

end insert
begin delete

17(n)

end delete

18begin insert(o)end insert This section shall become operative on July 1, 2015.

19begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 1596.842 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert

21

1596.842.  

Following approval by the department of a list of
22provider rights, the Community Care Licensing Division shall
23print and distribute in person, to individuals or to groups, and by
24other appropriate methods of distribution, a list of provider rights
25which shall include, but not be limited to, the following:

26(a)  Site visit rights:

27(1)  The right to require licensing field staff to identify
28themselves.

29(2)  The right to be advised of the type of the visit, whether
30complaint, plan of correction, prelicensing, or some other type.
31When a site visit is made to investigate a complaint, the site visit
32rights described in paragraphs (4) and (9) shall be applicable at
33the completion of the investigation.

34(3)  The right to be treated as a professional and with dignity
35and respect.

36(4)  The right to receive an accurate report of the evaluator’s
37findings listing each observed deficiency. Each deficiency shall
38be separately numbered, so as to clearly indicate the number of
39deficiencies, shall be accompanied by a number that corresponds
40to a section of law or licensing regulation, and shall include a
P22   1description of the evaluator’s observation that led to the finding
2of a deficiency. The description of the evaluator’s observation
3shall include a clear explanation of why the existing condition
4constitutes a deficiency, unless the description of the observation
5provides the explanation.

6(5)  The right to review licensing laws, regulations, and policy.

7(6)  The right to an impartial investigation of all complaints.

8(7)  The right, at the time of the visit, to determine and develop
9a plan of correction for deficiencies cited.

10(8)  The right to use the licensing report (LIC 809) as a means
11to agree or disagree with cited deficiencies.

12(9)  The right to an exit interview upon completion of the visit
13and to receive a signed copy of the LIC 809.

14(10)  The right to be informed on the LIC 809 of the evaluator’s
15supervisor and his or her telephone number.

16(11)  The right of access to the public file on any facility and
17the right to purchase a copy at a reasonable cost.

18(b)  Initial appeal rights:

19(1)  The right, without prejudice, to appeal any decision, any
20failure to act according to law or regulation, or any failure to act
21within any specified timeline, through the licensing agencybegin delete up to
22the deputy director.end delete
begin insert as specified in Sections 1596.99 and 1597.58.end insert

23(2)  The right to request a meeting with district office
24administrators to discuss any licensing issue and with notice to
25bring any person to the meeting.

26(3)  The right to due process and the option of bringing a
27representative to any administrative action.

28(c)  The right to file a formal complaint, and receive a written
29response to that complaint within 30 days, for any licensing issue
30not covered by subdivision (b), including, but not limited to,
31inappropriate behavior of department employees.

32(d)  The department shall, by June 30, 1992, mail to all licensees
33a copy of this section and a full and complete copy of the appeals
34procedure developed to implement subdivision (b).

35(e)  The department shall, on all forms it requires or recommends
36that providers use, all notices of regulations or departmental policy,
37and all notices to implement this section, clearly label the
38department as the source of the material, including the name of
39the department, the name of the division responsible for
40implementing this chapter, and the address of that division.

P23   1

begin deleteSEC. 6.end delete
2begin insertSEC. 7.end insert  

Section 1596.99 of the Health and Safety Code, as
3added by Section 8 of Chapter 813 of the Statutes of 2014, is
4amended to read:

5

1596.99.  

(a) In addition to the suspension, temporary
6suspension, or revocation of a license issued under this chapter or
7Chapter 3.4 (commencing with Section 1596.70), the department
8may levy a civil penalty.

9(b) The amount of the civil penalty shall not be less than
10twenty-five dollars ($25) nor more than fifty dollars ($50) per day
11for each violation of this chapter except where the nature or
12seriousness of the violation or the frequency of the violation
13warrants a higher penalty or an immediate civil penalty assessment,
14or both, as determined by the department. Except as otherwise
15provided in this chapter, a civil penalty assessment shall not exceed
16one hundred fifty dollars ($150) per day per violation.

17(c) Notwithstanding Sections 1596.893a, 1596.893b, and
181596.98, 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) Fire clearance violations, including, but not limited to,
22overcapacity, inoperable smoke alarms, and inoperable fire alarm
23systems.

24(2) Absence of supervision, including, but not limited to, a child
25left unattended, supervision of a child by a person under 18 years
26of age, and lack of supervision resulting in a child wandering away.

27(3) Accessible bodies of water.

28(4) Accessible firearms, ammunition, or both.

29(5) Refused entry to a facility or any part of a facility in violation
30of Section 1596.852, 1596.853, or 1597.09.

31(6) The presence of an excluded person on the premises.

32(d) For a violation that the department determines resulted in
33the death of a child, the civil penalty shall be assessed as follows:

34(1) Seven thousand five hundred dollars ($7,500) for a licensee
35licensed, among all of the licensee’s facilities, to care for 30 or
36less children.

37(2) Ten thousand dollars ($10,000) for a licensee licensed,
38among all of the licensee’s facilities, to care for 31 to 100,
39inclusive, children.

P24   1(3) Fifteen thousand dollars ($15,000) for a licensee licensed,
2among all of the licensee’s facilities, to care for more than 100
3children.

4(e) (1) For a violation that the department determines constitutes
5physical abuse or resulted in serious injury, as defined in Section
61596.8865, to a child, the civil penalty shall be assessed as follows:

7(A) Two thousand five hundred dollars ($2,500) for a licensee
8licensed, among all of the licensee’s facilities, to care for 30 or
9less children.

10(B) Five thousand dollars ($5,000) for a licensee licensed,
11among all of the licensee’s facilities, to care for 31 to 100,
12inclusive, children.

13(C) Ten thousand dollars ($10,000) for a licensee licensed,
14among all of the licensee’s facilities, to care for more than 100
15children.

16(2) For purposes of this subdivision, “physical abuse” includes
17physical injury inflicted upon a child by another person by other
18than accidental means, sexual abuse as defined in Section 11165.1
19of the Penal Code, neglect as defined in Section 11165.2 of the
20Penal Code, or unlawful corporal punishment or injury as defined
21in Section 11165.4 of the Penal Code when the person responsible
22for the child’s welfare is a licensee, administrator, or employee of
23any facility licensed to care for children, or an administrator or
24employee of a public or private school or other institution or
25agency.

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

30(g) Notwithstanding Sections 1596.893a, 1596.893b, and
311596.98, any day care center that is cited for repeating the same
32violation of this chapter or Chapter 3.4 (commencing with Section
331596.70) within 12 months of the first violation is subject to an
34immediate civil penalty of one hundred fifty dollars ($150) for
35each day the violation continues until the deficiency is corrected.

36(h) Any day care center that is assessed a civil penalty under
37subdivision (g) and that repeats the same violation of this chapter
38within 12 months of the violation subject to subdivision (g) shall
39be assessed an immediate civil penalty of one hundred fifty dollars
P25   1($150) for each day the violation continues until the deficiency is
2corrected.

3(i) Notwithstanding any other law, revenues received by the
4state from the payment of civil penalties imposed on licensed child
5care centers pursuant to this chapter or Chapter 3.4 (commencing
6with Section 1596.70), shall be deposited in the Child Health and
7Safety Fund, created pursuant to Chapter 4.6 (commencing with
8Section 18285) of Part 6 of Division 9 of the Welfare and
9Institutions Code, and shall be expended, upon appropriation by
10the Legislature, pursuant to subdivision (f) of Section 18285 of
11the Welfare and Institutions Code exclusively for the technical
12assistance, orientation, training, and education of licensed day care
13center providers.

14(j) (1) The department shall adopt regulations setting forth the
15appeal procedures for deficiencies.

16(2) A notification of a deficiency written by a representative of
17the department shall include a factual description of the nature of
18the deficiency fully stating the manner in which the licensee failed
19to comply with the specified statute or regulation, and, if
20applicable, the particular place or area of the facility in which the
21deficiency occurred.

22(k) (1) A licensee shall have the right to submit to the
23department a written request for a formal review of a civil penalty
24assessed pursuant to subdivisions (d) and (e) withinbegin delete 10end deletebegin insert 15end insert business
25days of receipt of the notice of a civil penalty assessment and shall
26provide allbegin insert availableend insert supporting documentation at that time. The
27review shall be conducted by the deputy director of the Community
28Care Licensing Division.begin insert The licensee may submit additional
29supporting documentation that was unavailable at the time of
30submitting the request for review within the first 30 business days
31after submitting the request for review.end insert
If the department requires
32additional information from the licensee, that information shall be
33requested within the first 30 business days after receiving the
34request for review.begin insert The licensee shall provide this additional
35information within 30 business days of receiving the request from
36the department.end insert
If the deputy director determines that the civil
37penalty was not assessed, or the finding of the deficiency that
38resulted in the assessment of the civil penalty was not made, in
39accordance with applicable statutes or regulations of the
40department, he or she may amend or dismiss the civil penalty or
P26   1finding of deficiency. The licensee shall be notified in writing of
2the deputy director’s decision within 60 business days of the
3begin delete request to review the assessment of the civil penalty.end deletebegin insert date when
4all necessary information has been provided to the department by
5the licensee.end insert

6(2) Upon exhausting the review described in paragraph (1), a
7licensee may further appeal that decision to an administrative law
8judge. Proceedings shall be conducted in accordance with Chapter
95 (commencing with Section 11500) of Part 1 of Division 3 of
10Title 2 of the Government Code, and the department shall have all
11the powers granted by those provisions. In all proceedings
12conducted in accordance with this section, the standard of proof
13shall be by a preponderance of the evidence.

14(3) If, in addition to an assessment of civil penalties, the
15department elects to file an administrative action to suspend or
16revoke the facility license that includes violations relating to the
17assessment of the civil penalties, the department review of the
18pending appeal shall cease and the assessment of the civil penalties
19shall be heard as part of the administrative action process.

20(l) (1) A licensee shall have the right to submit to the
21department a written request for a formal review of any other civil
22penalty or deficiency not described in subdivision (k) withinbegin delete 10end delete
23begin insert 15end insert business days of receipt of the notice of a civil penalty
24assessment or a finding of a deficiency, and shall provide all
25begin insert availableend insert supporting documentation at that time. The review shall
26be conducted by a regional manager of the Community Care
27Licensing Division.begin insert The licensee may submit additional supporting
28documentation that was unavailable at the time of submitting the
29request for review within the first 30 business days after submitting
30the request for review.end insert
If the department requires additional
31information from the licensee, that information shall be requested
32within the first 30 business days after receiving the request for
33review.begin insert The licensee shall provide this additional information
34within 30 business days of receiving the request from the
35department.end insert
If the regional manager determines that the civil
36penalty was not assessed, or the finding of the deficiency was not
37made, in accordance with applicable statutes or regulations of the
38department, he or she may amend or dismiss the civil penalty or
39finding of deficiency. The licensee shall be notified in writing of
40the regional manager’s decision within 60 business days of the
P27   1begin delete request to review the civil penalty or finding of deficiency.end deletebegin insert date
2when all necessary information has been provided to the
3department by the licensee.end insert

4(2) Upon exhausting the review described in paragraph (1), the
5licensee may further appeal that decision to the program
6administrator of the Community Care Licensing Division within
7begin delete 10end deletebegin insert 15end insert business days of receipt of notice of the regional manager’s
8decision.begin insert The licensee may submit additional supporting
9documentation that was unavailable at the time of appeal to the
10program administrator within the first 30 business days after
11requesting that appeal. If the department requires additional
12information from the licensee, that information shall be requested
13within the first 30 business days after receiving the request for the
14appeal. The licensee shall provide this additional information
15within 30 business days of receiving the request from the
16department.end insert
If the program administrator determines that the civil
17penalty was not assessed, or the finding of the deficiency was not
18made, in accordance with applicable statutes or regulations of the
19department, he or she may amend or dismiss the civil penalty or
20finding of deficiency. The licensee shall be notified in writing of
21the program administrator’s decision within 60 business days of
22thebegin delete request to review the civil penalty or finding of deficiency.end delete
23begin insert date when all necessary information has been provided to the
24department by the licensee. The program administrator’s decision
25is considered final and concludes the licensee’s administrative
26appeal rights regarding the appeal conducted pursuant to this
27paragraph.end insert

28(m) The department shall, by January 1, 2016, amend its
29regulations to reflect the changes to this section made by Section
308 of Chapter 813 of the Statutes of 2014.

begin insert

31(n) Notwithstanding the Administrative Procedure Act (Chapter
323.5 (commencing with Section 11340) of Part 1 of Division 3 of
33Title 2 of the Government Code), the department may implement
34and administer the changes made by the act that added this
35subdivision through all-county letters or similar written
36instructions until regulations are adopted pursuant to the
37Administrative Procedure Act.

end insert
begin delete

38(n)

end delete

39begin insert(o)end insert This section shall become operative on July 1, 2015.

P28   1

begin deleteSEC. 7.end delete
2begin insertSEC. 8.end insert  

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. Except as otherwise
14provided in this chapter, a civil penalty assessment shall not exceed
15one hundred fifty dollars ($150) per day per violation.

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

20(1) Any violation that results in the injury, illness, or death of
21a child.

22(2) Absence of supervision, including, but not limited to, a child
23left unattended, a child left alone with a person under 18 years of
24age, and lack of supervision resulting in a child wandering away.

25(3) Accessible bodies of water.

26(4) Accessible firearms, ammunition, or both.

27(5) Refused entry to a facility or any part of a facility in violation
28of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b.

29(6) The presence of an excluded person on the premises.

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

32(1) Five thousand dollars ($5,000) for a small family day care
33home, as described in Section 1597.44.

34(2) Seven thousand five hundred dollars ($7,500) for a large
35family day care home, as described in Section 1597.465.

36(e) (1) For a violation that the department determines constitutes
37physical abuse or resulted in serious injury, as defined in Section
381596.8865, to a child, the civil penalty shall be assessed as follows:

39(A) One thousand dollars ($1,000) for a small family day care
40home, as described in Section 1597.44.

P29   1(B) Two thousand dollars ($2,000) for a large family day care
2home, as described in Section 1597.465.

3(2) For purposes of this subdivision, “physical abuse” includes
4physical injury inflicted upon a child by another person by other
5than accidental means, sexual abuse as defined in Section 11165.1
6of the Penal Code, neglect as defined in Section 11165.2 of the
7Penal Code, or unlawful corporal punishment or injury as defined
8in Section 11165.4 of the Penal Code when the person responsible
9for the child’s welfare is a licensee, administrator, or employee of
10any facility licensed to care for children, or an administrator or
11employee of a public or private school or other institution or
12agency.

13(f) Before the issuance of a citation imposing a civil penalty
14pursuant to subdivision (d) or (e), the decision shall be approved
15by the program administrator of the Community Care Licensing
16Division.

17(g) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56,
18and 1597.62, any family day care home that is cited for repeating
19the same violation of this chapter or Chapter 3.4 (commencing
20with Section 1596.70), within 12 months of the firstbegin delete violationend delete
21begin insert violation,end insert is subject to an immediate civil penalty assessment of
22up to one hundred fifty dollars ($150) and may be assessed up to
23fifty dollars ($50) for each day the violation continues until the
24deficiency is corrected.

25(h) Any family day care home that is assessed a civil penalty
26under subdivision (g) that repeats the same violation of this chapter
27within 12 months of the violation subject to subdivision (g) shall
28be assessed an immediate assessment of up to one hundred fifty
29dollars ($150) and may be assessed up to one hundred fifty dollars
30($150) for each day the violation continues until the deficiency is
31corrected.

32(i) Notwithstanding any other law, revenues received by the
33state from the payment of civil penalties imposed on licensed
34family day care homes pursuant to this chapter or Chapter 3.4
35(commencing with Section 1596.70), shall be deposited in the
36Child Health and Safety Fund, created pursuant to Chapter 4.6
37(commencing with Section 18285) of Part 6 of Division 9 of the
38Welfare and Institutions Code, and shall be expended, upon
39appropriation by the Legislature, pursuant to subdivision (f) of
40Section 18285 of the Welfare and Institutions Code exclusively
P30   1for the technical assistance, orientation, training, and education of
2licensed family day care home providers.

3(j) (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(k) (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) withinbegin delete 10end deletebegin insert 15end insert business
14 days of receipt of the notice of a civil penalty assessment and shall
15provide allbegin insert availableend insert supporting documentation at that time. The
16review shall be conducted by the deputy director of the Community
17Care Licensing Division.begin insert The licensee may submit additional
18supporting documentation that was unavailable at the time of
19submitting the request for review within the first 30 business days
20after submitting the request for review.end insert
If the department requires
21additional information from the licensee, that information shall be
22requested within the first 30 business days after receiving the
23request for review.begin insert The licensee shall provide this additional
24 information within 30 business days of receiving the request from
25the department.end insert
If the deputy director determines that the civil
26penalty was not assessed, or the finding of the deficiency that
27resulted in the assessment of the civil penalty was not made, in
28accordance with applicable statutes or regulations of the
29department, he or she may amend or dismiss the civil penalty or
30finding of deficiency. The licensee shall be notified in writing of
31the deputy director’s decision within 60 business days of the
32begin delete request to review the assessment of the civil penalty.end deletebegin insert date when
33all necessary information has been provided to the department by
34the licensee.end insert

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
P31   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
10 department a written request for a formal review of any other civil
11penalty or deficiency not described in subdivision (k) withinbegin delete 10end delete
12begin insert 15end insert business days of receipt of the notice of a civil penalty
13assessment or a finding of a deficiency, and shall provide all
14begin insert availableend insert supporting documentation at that time. The review shall
15be conducted by a regional manager of the Community Care
16Licensing Division.begin insert The licensee may submit additional supporting
17documentation that was unavailable at the time of submitting the
18request for review within the first 30 business days after submitting
19the request for review.end insert
If the department requires additional
20information from the licensee, that information shall be requested
21within the first 30 business days after receiving the request for
22review.begin insert The licensee shall provide this additional information
23within 30 business days of receiving the request from the
24department.end insert
If the regional manager 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 regional manager’s decision within 60 business days of the
30begin delete request to review the civil penalty or finding of deficiency.end deletebegin insert date
31when all necessary information has been provided to the
32department by the licensee.end insert

33(2) Upon exhausting the review described in paragraph (1), the
34licensee may further appeal that decision to the program
35administrator of the Community Care Licensing Division within
36begin delete 10end deletebegin insert 15end insert business days of receipt of notice of the regional manager’s
37decision.begin insert The licensee may submit additional supporting
38documentation that was unavailable at the time of appeal to the
39program administrator within the first 30 business days after
40requesting that appeal. If the department requires additional
P32   1information from the licensee, that information shall be requested
2within the first 30 business days after receiving the request for the
3appeal. The licensee shall provide this additional information
4within 30 business days of receiving the request from the
5department.end insert
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 60 business days of
11thebegin delete request to review the civil penalty or finding of deficiency.end delete
12begin insert date when all necessary information has been provided to the
13 department by the licensee. The program administrator’s decision
14is considered final and concludes the licensee’s administrative
15appeal rights regarding the appeal conducted pursuant to this
16paragraph.end insert

17(m) The department shall, by January 1, 2016, amend its
18regulations to reflect the changes to this section made by Section
1910 of Chapter 813 of the Statutes of 2014.

begin insert

20(n) Notwithstanding the Administrative Procedure Act (Chapter
213.5 (commencing with Section 11340) of Part 1 of Division 3 of
22Title 2 of the Government Code), the department may implement
23and administer the changes made by the act that added this
24subdivision through all-county letters or similar written
25instructions until regulations are adopted pursuant to the
26Administrative Procedure Act.

end insert
begin delete

27(n)

end delete

28begin insert(o)end insert This section shall become operative on July 1, 2015.



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