Amended in Senate September 4, 2015

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 Bill No. 1387

Introduced by Assembly Member Chu

February 27, 2015

An act to amend Sections 1548, 1568.0822, 1569.35, 1569.49, 1596.842, 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 require the department, within 10 days of completing the investigation of a complaint conducted pursuant to these provisions, to notify the complainant in writing of the department’s determination as a result of 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. 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.

(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 day care 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.

begin insert

(6) This bill would incorporate changes to Section 1548 of the Health and Safety Code proposed by both this bill and AB 403, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.

end insert

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

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

SECTION 1.  

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

SEC. 2.  

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

1548.  

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) For purposes of subparagraphs (C) and (D), “physical abuse”
includes physical injury inflicted upon a child by another person
by other than accidental means, sexual abuse as defined in Section
11165.1 of the Penal Code, neglect as defined in Section 11165.2
of the Penal Code, or unlawful corporal punishment or injury as
defined in Section 11165.4 of the Penal Code when the person
responsible for the child’s welfare is a licensee, administrator, or
employee of any facility licensed to care for children.

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

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

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

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

(2) A notification of a deficiency written by a representative of
the department shall 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.

(j) (1) A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) and (e) within 15 business
days of receipt of the notice of a civil penalty assessment and shall
provide all available supporting documentation at that time. The
review shall be conducted by the deputy director of the Community
Care Licensing Division. The licensee may submit additional
supporting documentation that was unavailable at the time of
submitting the request for review within the first 30 business days
after submitting the request for review. If the department requires
additional information from the licensee, that information shall be
requested within the first 30 business days after receiving the
request for review. The licensee shall provide this additional
information within 30 business days of receiving the request from
the department. If the deputy director determines that the civil
penalty was not assessed, or the finding of the deficiency that
resulted in the assessment of the civil penalty was not made, in
accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the deputy director’s decision within 60 business days of the date
when all necessary information has been provided to the
department by the licensee.

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

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

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (j) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

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

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

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

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

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

begin insert

begin insert SEC. 2.5. end insert   

end insert

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

1548.  

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

(3) For a violation that the department determines resulted in
the death of a person receiving care at a therapeutic day services
facility, foster family agency, community treatment facility,
full-service adoption agency, noncustodial adoption agency,
transitional shelter care facility, transitional housing placement
provider, begin delete or end delete group home, begin insert or short-term residential treatment center, end insert
the civil penalty shall be assessed as follows:

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

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

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

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

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

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

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

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

(C) For a violation that the department determines constitutes
physical abuse, as defined in paragraph (2), or resulted in serious
bodily injury, as defined in Section 243 of the Penal Code, to a
person receiving care at a therapeutic day services facility, foster
family agency, community treatment facility, full-service adoption
agency, noncustodial adoption agency, transitional shelter care
facility, transitional housing placement provider, begin delete or end delete group home,
begin insert or short-term residential treatment center, end insert the civil penalty shall
be assessed as follows:

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

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

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

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

(2) For purposes of subparagraphs (C) and (D), “physical abuse”
includes physical injury inflicted upon a child by another person
by other than accidental means, sexual abuse as defined in Section
11165.1 of the Penal Code, neglect as defined in Section 11165.2
of the Penal Code, or unlawful corporal punishment or injury as
defined in Section 11165.4 of the Penal Code when the person
responsible for the child’s welfare is a licensee, administrator, or
employee of any facility licensed to care for children.

(f) Prior to the issuance of a citation imposing a civil penalty
pursuant to subdivision (d) or (e), the decision shall be approved
by the begin delete director. end delete begin insert program administrator of the Community Care
Licensing Division. end insert

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

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

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

begin insert

(2) A notification of a deficiency written by a representative of
the department shall 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.

end insert begin delete

(2)

end delete

begin insert (j) end insert   begin insert (1) end insert begin insert   end insert A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) and (e) within begin delete 10 end delete begin insert 15 business end insert
days of receipt of the notice of a civil penalty assessment and shall
provide all begin insert available end insert supporting documentation at that time. The
review shall be conducted by begin delete a regional manager end delete begin insert the deputy
director end insert of the Community Care Licensing Division. begin delete If the regional
manager end delete begin insert end insert begin insert The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the deputy director end insert determines that the civil penalty
was not begin delete assessed end delete begin insert assessed, or the finding of deficiency was not
made, end insert in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil begin delete penalty. end delete
begin insert penalty or finding of deficiency. end insert The licensee shall be notified in
writing of the begin delete regional manager’s end delete begin insert deputy director’s end insert decision within
60 begin insert business end insert days of the begin delete request to review the assessment of the
civil penalty. end delete begin insert date when all necessary information has been
provided to the department by the licensee. end insert

begin delete

(3) The licensee may further appeal to the program administrator
of the Community Care Licensing Division within 10 days of
receipt of the notice of the regional manager’s decision and shall
provide all supporting documentation at that time. If the program
administrator determines that the civil penalty was not assessed
in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty. The
licensee shall be notified in writing of the program administrator’s
decision within 60 days of the request to review the regional
manager’s decision.

(4) The licensee may further appeal to the deputy director of
the Community Care Licensing Division within 10 days of receipt
of the notice of the program director’s decision and shall provide
all supporting documentation at that time. If the deputy director
determines that the civil penalty was not assessed in accordance
with applicable statutes or regulations of the department, he or she
may amend or dismiss the civil penalty. The licensee shall be
notified in writing of the deputy director’s decision within 60 days
of the request to review the program administrator’s decision.

(5)

end delete

begin insert (2) end insert  Upon exhausting the begin delete deputy director review, end delete begin insert review
described in paragraph (1), end insert a licensee may begin insert further end insert appeal begin delete a civil
penalty assessed pursuant to subdivision (d) or (e) end delete begin insert that decision end insert
to an administrative law judge. Proceedings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, and the
department shall have all the powers granted by those provisions.
In all proceedings conducted in accordance with this section, the
standard of proof shall be by a preponderance of the evidence.

begin delete

(6)

end delete

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

begin insert

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (j) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

end insert begin insert

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

end insert begin delete

(j)

end delete

begin insert (l) end insert  The department shall adopt regulations implementing this
section.

begin delete

(k)

end delete

begin insert (m) end insert  The department shall, by January 1, 2016, amend its
regulations to reflect the changes to this section made by begin delete the act
that added this subdivision. end delete begin insert Section 2 of Chapter 813 of the Statutes
of 2014. end insert

begin delete

(l)

end delete

begin insert (n) end insert  As provided in Section 11466.31 of the Welfare and
Institutions Code, the department may offset civil penalties owed
by a group home begin insert or short-term residential treatment center end insert against
moneys to be paid by a county for the care of minors after the
group home begin insert or short-term residential treatment center end insert has
exhausted its appeal of the civil penalty assessment. The
department shall provide the group home begin insert or short-term residential
treatment center end insert a reasonable opportunity to pay the civil penalty
before instituting the offset provision.

begin insert

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

end insert begin delete

(m)

end delete

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

SEC. 3.  

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

1568.0822.  

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

(2) A notification of a deficiency written by a representative of
the department shall 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.

(j) (1) A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) and (e) within 15 business
days of receipt of the notice of a civil penalty assessment and shall
provide all available supporting documentation at that time. The
review shall be conducted by the deputy director of the Community
Care Licensing Division. The licensee may submit additional
supporting documentation that was unavailable at the time of
submitting the request for review within the first 30 business days
after submitting the request for review. If the department requires
additional information from the licensee, that information shall be
requested within the first 30 business days after receiving the
request for review. The licensee shall provide this additional
information within 30 business days of receiving the request from
the department. If the deputy director determines that the civil
penalty was not assessed, or the finding of deficiency that resulted
in the assessment of the civil penalty was not made, in accordance
with applicable statutes or regulations of the department, he or she
may amend or dismiss the civil penalty or finding of deficiency.
The licensee shall be notified in writing of the deputy director’s
decision within 60 business days of the date when all necessary
information has been provided to the department by the licensee.

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

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

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (j) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

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

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

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

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

SEC. 4.  

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

1569.35.  

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

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

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

(2) 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 under
Section 9722 of the Welfare and Institutions Code, the department
shall give priority to the complaint pursuant to Section 9721 of
the Welfare and Institutions Code and notify the Office of the State
Long-Term Care Ombudsman that an investigation has been
initiated pursuant to this section.

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

(d) Within 10 business days of completing the investigation of
a complaint under this section, the department shall notify the
complainant in writing of the department’s determination as a
result of the investigation.

SEC. 5.  

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

1569.49.  

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

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

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

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

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

(ii) Initiated eviction proceedings.

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

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

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

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

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

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

(2) A notification of a deficiency written by a representative of
the department shall 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.

(j) (1) A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) and (e) within 15 business
days of receipt of the notice of a civil penalty assessment and shall
provide all available supporting documentation at that time. The
review shall be conducted by the deputy director of the Community
Care Licensing Division. The licensee may submit additional
supporting documentation that was unavailable at the time of
submitting the request for review within the first 30 business days
after submitting the request for review. If the department requires
additional information from the licensee, that information shall be
requested within the first 30 business days after receiving the
request for review. The licensee shall provide this additional
information within 30 business days of receiving the request from
the department. If the deputy director determines that the civil
penalty was not assessed, or the finding of the deficiency that
resulted in the assessment of the civil penalty was not made, in
accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the deputy director’s decision within 60 business days of the date
when all necessary information has been provided to the
department by the licensee.

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

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

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (j) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

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

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

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

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

SEC. 6.  

Section 1596.842 of the Health and Safety Code is
amended to read:

1596.842.  

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

(a) Site visit rights:

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

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

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

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

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

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

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

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

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

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

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

(b) Initial appeal rights:

(1) The right, without prejudice, to appeal any decision, any
failure to act according to law or regulation, or any failure to act
within any specified timeline, through the licensing agency as
specified in Sections 1596.99 and 1597.58.

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

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

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

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

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

SEC. 7.  

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

1596.99.  

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

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

(c) Notwithstanding Sections 1596.893a, 1596.893b, and
1596.98, the department shall assess an immediate civil penalty
of one hundred fifty dollars ($150) per day per violation for any
of the following serious violations:

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

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

(3) Accessible bodies of water.

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

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

(e) (1) For a violation that the department determines constitutes
physical abuse or resulted in serious injury, as defined in Section
1596.8865, to a child, the civil penalty shall be assessed as follows:

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

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

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

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

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

(g) Notwithstanding Sections 1596.893a, 1596.893b, and
1596.98, any day care center that is cited for repeating the same
violation of this chapter or Chapter 3.4 (commencing with Section
1596.70) within 12 months of the first violation is subject to an
immediate civil penalty of one hundred fifty dollars ($150) for
each day the violation continues until the deficiency is corrected.

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

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

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

(2) A notification of a deficiency written by a representative of
the department shall 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.

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) and (e) within 15 business
days of receipt of the notice of a civil penalty assessment and shall
provide all available supporting documentation at that time. The
review shall be conducted by the deputy director of the Community
Care Licensing Division. The licensee may submit additional
supporting documentation that was unavailable at the time of
submitting the request for review within the first 30 business days
after submitting the request for review. If the department requires
additional information from the licensee, that information shall be
requested within the first 30 business days after receiving the
request for review. The licensee shall provide this additional
information within 30 business days of receiving the request from
the department. If the deputy director determines that the civil
penalty was not assessed, or the finding of the deficiency that
resulted in the assessment of the civil penalty was not made, in
accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the deputy director’s decision within 60 business days of the date
when all necessary information has been provided to the
department by the licensee.

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

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

(l) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (k) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

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

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

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

SEC. 8.  

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

1597.58.  

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

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

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

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

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

(3) Accessible bodies of water.

(4) Accessible firearms, ammunition, or both.

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

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

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

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

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

(e) (1) For a violation that the department determines constitutes
physical abuse or resulted in serious injury, as defined in Section
1596.8865, to a child, the civil penalty shall be assessed as follows:

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

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

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

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

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

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

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

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

(2) A notification of a deficiency written by a representative of
the department shall 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.

(k) (1) A licensee shall have the right to submit to the
department a written request for a formal review of a civil penalty
assessed pursuant to subdivisions (d) and (e) within 15 business
days of receipt of the notice of a civil penalty assessment and shall
provide all available supporting documentation at that time. The
review shall be conducted by the deputy director of the Community
Care Licensing Division. The licensee may submit additional
supporting documentation that was unavailable at the time of
submitting the request for review within the first 30 business days
after submitting the request for review. If the department requires
additional information from the licensee, that information shall be
requested within the first 30 business days after receiving the
request for review. The licensee shall provide this additional
information within 30 business days of receiving the request from
the department. If the deputy director determines that the civil
penalty was not assessed, or the finding of the deficiency that
resulted in the assessment of the civil penalty was not made, in
accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the deputy director’s decision within 60 business days of the date
when all necessary information has been provided to the
department by the licensee.

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

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

(l) (1) A licensee shall have the right to submit to the
department a written request for a formal review of any other civil
penalty or deficiency not described in subdivision (k) within 15
business days of receipt of the notice of a civil penalty assessment
or a finding of a deficiency, and shall provide all available
supporting documentation at that time. The review shall be
conducted by a regional manager of the Community Care Licensing
Division. The licensee may submit additional supporting
documentation that was unavailable at the time of submitting the
request for review within the first 30 business days after submitting
the request for review. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for
review. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the regional manager determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the regional manager’s decision within 60 business days of the
date when all necessary information has been provided to the
department by the licensee.

(2) Upon exhausting the review described in paragraph (1), the
licensee may further appeal that decision to the program
administrator of the Community Care Licensing Division within
15 business days of receipt of notice of the regional manager’s
decision. The licensee may submit additional supporting
documentation that was unavailable at the time of appeal to the
program administrator within the first 30 business days after
requesting that appeal. If the department requires additional
information from the licensee, that information shall be requested
within the first 30 business days after receiving the request for the
appeal. The licensee shall provide this additional information
within 30 business days of receiving the request from the
department. If the program administrator determines that the civil
penalty was not assessed, or the finding of the deficiency was not
made, in accordance with applicable statutes or regulations of the
department, he or she may amend or dismiss the civil penalty or
finding of deficiency. The licensee shall be notified in writing of
the program administrator’s decision within 60 business days of
the date when all necessary information has been provided to the
department by the licensee. The program administrator’s decision
is considered final and concludes the licensee’s administrative
appeal rights regarding the appeal conducted pursuant to this
paragraph.

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

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

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

begin insert

begin insert SEC. 9. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 1548 of the Health and Safety Code proposed by both this
bill and Assembly Bill 403. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 1548 of the Health and Safety
Code, and (3) this bill is enacted after Assembly Bill 403, in which
case Section 2 of this bill shall not become operative.

end insert