Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2231

Introduced by Assembly Member Calderon

February 18, 2016

An act to amend Sections 1548, 1568.0822, 1569.49, 1596.8595, 1596.99, and 1597.58 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 2231, as amended, Calderon. Care facilities: civil penalties.

Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensure and regulation of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, day care centers, and family day care homes. Existing law authorizes the department to impose various civil penalties for a licensing violation under those provisions, as specified, and requires moneys collected from the imposition of those penalties to be expended for certain purposes. Existing law establishes a process for the appeal of a citation under these provisions.

This bill would increase the amount of civil penalties to be imposed for a licensing violation under those provisions, and would impose civil penalties for a repeat violation of those provisions, as specified. The bill would delete the provisions that authorize the department to impose those civil penalties, and instead require the imposition of those civil penalties under those provisions. The bill would also delete a requirement that moneys collected from the imposition of certain penalties be used for assisting families with the identification, transportation, and enrollment of children in another day care or family day care home upon the revocation or suspension of the license of a day care or family day care home. The bill would also delete obsolete provisions.

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.  

Section 1548 of the Health and Safety Code is
amended to read:

1548.  

(a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
shall levy civil penalties as follows:

(b) (1) The amount of the civil penalty shall be one hundred
dollars ($100) per day for each violation of this chapter if an agency
or facility fails to correct a deficiency after being provided a
specified length of time to correct that deficiency. begin delete If 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 provided in this chapter, a correction of the deficiency
shall not impact the imposition of a civil penalty. end delete

begin insert

(A) If a licensee or a licensee’s representative submits evidence
to the department that the licensee has corrected a deficiency, and
the department, after reviewing that evidence, has determined that
the deficiency has been corrected, the civil penalty shall cease as
of the day the department received that evidence.

end insert begin insert

(B) If the department deems it necessary, the department shall
inspect the facility within five working days after the department
receives evidence pursuant to subparagraph (A) to confirm that
the deficiency has been corrected.

end insert begin insert

(C) If the department determines that the deficiency has not
been corrected, the civil penalties shall continue to accrue from
the date of the original citation.

end insert begin insert

(D) If the department is able to verify that the deficiency was
corrected prior to the date on which the department received the
evidence pursuant to subparagraph (A), the civil penalty shall
cease as of that earlier date.

end insert

(2)  begin delete Any end delete begin insert (A) end insert begin insert   end insert begin insert If the department issues a notification of deficiency end insert
begin insert to end insert begin insert an end insert agency or facility begin delete that repeats end delete begin insert for a repeat violation of end insert a
violation specified in paragraph begin delete (1) within 12 months of a prior
violation having a similar factual description of the deficiency as
stated in the notification of deficiency, is subject to end delete begin insert (1), end insert begin insert the
department shall assess end insert an immediate civil penalty of two hundred
fifty dollars ($250) per begin insert repeat end insert violation and one hundred dollars
($100) for each day the begin insert repeat end insert violation continues after citation.

begin insert

(B) For purposes of this section, “repeat violation” means the
violation within 12 months of a prior violation of a statutory or
regulatory provision designated by the same combination of letters
or numerals, or both letters and numerals.

end insert begin insert

(3) If 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 provided in this chapter, a
correction of the deficiency shall not impact the imposition of a
civil penalty.

end insert

(c) The department shall assess an immediate civil penalty of
five hundred dollars ($500) per violation and one hundred dollars
($100) for each day the violation continues after citation for any
of the following serious violations:

(1) Any violation that the department determines resulted in the
injury or illness of a person in care.

(2) (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.

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

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

(5) Accessible firearms, ammunition, or both.

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

(7) The presence of a person subject to a department Order of
Exclusion on the premises.

(d)  begin delete Any end delete begin insert If the department cites end insert begin insert an end insert agency or facility begin delete that repeats
a end delete begin insert for a repeat end insert violation specified in subdivision begin delete (c) within 12
months of a prior violation having a similar factual description of
the deficiency as stated in the notification of deficiency, end delete begin insert (c), the
department end insert shall begin delete be subject to end delete begin insert assess end insert an immediate civil penalty
of one thousand dollars ($1,000) per begin insert repeat end insert violation and one
hundred dollars ($100) for each day the begin insert repeat end insert violation continues
after citation.

(e) (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 licensed
as an adult residential facility, adult residential facility for persons
with special health care needs, 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 facility
licensed to care for 50 or fewer persons.

(B) Ten thousand dollars ($10,000) for a facility licensed to
care for 51 or more persons.

(3) For a violation that the department determines resulted in
the death of a person receiving care at a therapeutic day services
facility, community treatment facility, transitional shelter care
facility, transitional housing placement provider, small family
home, crisis nursery, group home, enhanced behavioral supports
home licensed as a group home, or short-term residential treatment
center, the civil penalty shall be assessed as follows:

(A) Seven thousand five hundred dollars ($7,500) for a facility
licensed to care for 40 or fewer children.

(B) Ten thousand dollars ($10,000) for a facility licensed to
care for 41 to 100, inclusive, children.

(C) Fifteen thousand dollars ($15,000) for a facility licensed to
care for more than 100 children.

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

(5) For a violation that the department determines resulted in
the death of a child receiving care through a foster family agency,
the civil penalty shall be seven thousand five hundred dollars
($7,500).

(6) For a violation that the department determines resulted in
the death of an individual receiving care or services through a
full-service or noncustodial adoption agency, the civil penalty shall
be seven thousand five hundred dollars ($7,500).

(f) (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 licensed as an adult residential facility,
adult residential facility for persons with special health care needs,
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 facility
licensed to care for 50 or fewer persons.

(ii) Five thousand dollars ($5,000) for a facility licensed to care
for 51 or more 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,
community treatment facility, transitional shelter care facility,
transitional housing placement provider, small family home, crisis
nursery, group home, enhanced behavioral supports home licensed
as a group home, or short-term residential treatment center, the
civil penalty shall be assessed as follows:

(i) Two thousand five hundred dollars ($2,500) for a facility
licensed to care for 40 or fewer children.

(ii) Five thousand dollars ($5,000) for a facility licensed to care
for 41 to 100, inclusive, children.

(iii) Ten thousand dollars ($10,000) for a facility licensed 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
youth receiving care at a runaway and homeless youth shelter
licensed as a group home, the civil penalty shall be one thousand
dollars ($1,000).

(E) 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
child receiving care through a foster family agency, the civil
penalty shall be two thousand five hundred dollars ($2,500).

(F) 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 an
individual receiving care or services through a full-service or
noncustodial adoption agency, the civil penalty shall be two
thousand five hundred dollars ($2,500).

(2) For purposes of subparagraphs (C), (D), (E), and (F) of
paragraph (1), “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.

(g) (1) Before the assessment of a civil penalty pursuant to
subdivision (e) or (f), the decision shall be approved by the program
administrator of the Community Care Licensing Division.

(2)  begin delete If the end delete begin insert (A) end insert begin insert   end insert begin insert The end insert department begin delete assesses a end delete begin insert shall reduce the
amount of a end insert civil penalty begin insert due end insert pursuant to subdivision (e) or begin delete (f),
that end delete begin insert (f) by the amount of the end insert civil penalty begin delete shall prevail and the civil
penalty end delete begin insert already assessed end insert for the underlying begin delete violation shall be
waived. end delete begin insert violation. end insert

begin delete

(h) A citation of a violation issued by the department shall be
classified according to the nature of the violation and shall indicate
the classification on its face.

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end delete begin insert

(B) If the amount of the civil penalty that the department has
already assessed for the underlying violation exceeds the amount
of the penalty pursuant to subdivision (e) or (f), the larger amount
shall prevail and be due and payable as already assessed by the
department.

end insert begin delete

(i)

end delete

begin insert ( end insert begin insert h) end insert  (1) 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. The department shall make a good faith effort
to work with the licensee to determine the cause of the deficiency
and ways to prevent any repeat violations.

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

begin delete

(j)

end delete

begin insert ( end insert begin insert i) end insert  (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 (e) or (f) 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 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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
appeal pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the administrative law judge.

end insert

(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.

begin delete

(k)

end delete

begin insert ( end insert begin insert j) end insert  (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 begin delete (j) end delete begin insert (i) end insert 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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
appeal pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the administrator of the Community
Care Licensing Division.

end insert begin delete

(l)

end delete

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

begin delete

(m)

end delete

begin insert ( end insert begin insert l) end insert  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.

begin delete

(n)

end delete

begin insert ( end insert begin insert m) 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 or short-term residential treatment center against
moneys to be paid by a county for the care of minors after the
group home or short-term residential treatment center has exhausted
its appeal of the civil penalty assessment. The department shall
provide the group home or short-term residential treatment center
a reasonable opportunity to pay the civil penalty before instituting
the offset provision.

begin delete

(o)

end delete

begin insert ( end insert begin insert n) end insert  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.

SEC. 2.  

Section 1568.0822 of the Health and Safety Code 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 shall levy civil penalties as follows:

(b) (1) The amount of the civil penalty shall be one hundred
dollars ($100) per day for each violation of this chapter if an agency
or facility fails to correct a deficiency after being provided a
specified length of time to correct that deficiency. begin delete If 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 provided in this chapter, a correction of the deficiency
shall not impact the imposition of a civil penalty. end delete

begin insert

(A) If a licensee or a licensee’s representative submits evidence
to the department that the licensee has corrected a deficiency, and
the department, after reviewing that evidence, has determined that
the deficiency has been corrected, the civil penalty shall cease as
of the day the department received that evidence.

end insert begin insert

(B) If the department deems it necessary, the department shall
inspect the facility within five working days after the department
receives evidence pursuant to subparagraph (A) to confirm that
the deficiency has been corrected.

end insert begin insert

(C) If the department determines that the deficiency has not
been corrected, the civil penalties shall continue to accrue from
the date of the original citation.

end insert begin insert

(D) If the department is able to verify that the deficiency was
corrected prior to the date on which the department received the
evidence pursuant to subparagraph (A), the civil penalty shall
cease as of that earlier date.

end insert

(2) (A)  begin delete Any end delete begin insert If the department issues a notification of deficiency end insert
begin insert to end insert begin insert an end insert agency or facility begin delete that repeats end delete begin insert for a repeat violation of end insert a
violation specified in paragraph begin delete (1) within 12 months of a prior
violation, having a similar factual description of the deficiency as
stated in the notification of deficiency, end delete begin insert (1), the department end insert shall
begin delete be subject to end delete begin insert assess end insert an immediate civil penalty of two hundred
fifty dollars ($250) per begin insert repeat end insert violation and one hundred dollars
($100) for each day the begin insert repeat end insert violation continues after citation.

begin insert

(B) For purposes of this section, “repeat violation” means the
violation within 12 months of a prior violation of a statutory or
regulatory provision designated by the same combination of letters
or numerals, or both letters and numerals.

end insert begin insert

(3) If 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 provided in this chapter, a
correction of the deficiency shall not impact the imposition of a
civil penalty.

end insert

(c) Notwithstanding Section 1568.07, the department shall assess
an immediate civil penalty of five hundred dollars ($500) per
violation and one hundred dollars ($100) for each day the violation
continues after citation for any of the following serious violations:

(1) Any violation that the department determines resulted in the
injury or illness of a resident.

(2) (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.

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

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

(5) Accessible firearms, ammunition, or both.

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

(7) The presence of a person subject to a department Order of
Exclusion on the premises.

(d)  begin delete Any end delete begin insert If the department issues a notification of deficiency to
a end insert facility begin delete that repeats a end delete begin insert for a repeat violation of a end insert violation
specified in subdivision begin delete (c) within 12 months of a prior violation
having a similar factual description of the deficiency as stated in
the notice of deficiency, end delete begin insert (c), the department end insert shall begin delete be subject to end delete
begin insert assess end insert an immediate civil penalty of one thousand dollars ($1,000)
per begin insert repeat end insert violation and one hundred dollars ($100) for each day
the begin insert repeat end insert violation continues after citation.

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

(f) 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).

(g) (1) Before the assessment of a civil penalty pursuant to
subdivision (e) or (f), the decision shall be approved by the program
administrator of the Community Care Licensing Division.

(2)  begin delete If the end delete begin insert (A) end insert begin insert   end insert begin insert The end insert department begin delete issues a citation end delete begin insert shall reduce the
amount of a civil penalty due end insert pursuant to subdivision (e) or begin delete (f),
that end delete begin insert (f) by the amount of the end insert civil penalty begin delete shall prevail and the civil
penalty end delete begin insert already assessed end insert for the underlying begin delete violation shall be
waived. end delete begin insert violation. end insert

begin delete

(h) A citation of a violation issued by the department shall be
classified according to the nature of the violation and shall indicate
the classification on its face.

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end delete begin insert

(B) If the amount of the civil penalty that the department has
already assessed for the underlying violation exceeds the amount
of the penalty pursuant to subdivision (e) or (f), the larger amount
shall prevail and be due and payable as already assessed by the
department.

end insert begin delete

(i)

end delete

begin insert ( end insert begin insert h) end insert  (1) 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 in which the deficiency
occurred. The department shall make a good faith effort to work
with the licensee to determine the cause of the deficiency and ways
to prevent any repeat violations.

(2) The department shall adopt regulations setting forth appeal
procedures for deficiencies.

begin delete

(j)

end delete

begin insert ( end insert begin insert i) end insert  (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 subdivision (e) or (f) 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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
appeal pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the administrative law judge.

end insert

(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.

begin delete

(k)

end delete

begin insert ( end insert begin insert j) end insert  (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 begin delete (j) end delete begin insert (i) end insert 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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
appeal pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the administrator of the Community
Care Licensing Division.

end insert begin delete

(l)

end delete

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

begin delete

(m)

end delete

begin insert ( end insert begin insert l) end insert  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.

begin delete

(n)

end delete

begin insert (m) end insert  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.

SEC. 3.  

Section 1569.49 of the Health and Safety Code 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 shall levy civil penalties as follows:

(b) (1) The amount of the civil penalty shall be one hundred
dollars ($100) per day for each violation of this chapter if the
agency or facility failed to correct a deficiency after being provided
a specified length of time to correct that deficiency. begin delete If 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 provided in this chapter, a correction of the deficiency
shall not impact the imposition of a civil penalty. end delete

begin insert

(A) If a licensee or a licensee’s representative submits evidence
to the department that the licensee has corrected a deficiency, and
the department, after reviewing that evidence, has determined that
the deficiency has been corrected, the civil penalty shall cease as
of the day the department received that evidence.

end insert begin insert

(B) If the department deems it necessary, the department shall
inspect the facility within five working days after the department
receives evidence pursuant to subparagraph (A) to confirm that
the deficiency has been corrected.

end insert begin insert

(C) If the department determines that the deficiency has not
been corrected, the civil penalties shall continue to accrue from
the date of the original citation.

end insert begin insert

(D) If the department is able to verify that the deficiency was
corrected prior to the date on which the department received the
evidence pursuant to subparagraph (A), the civil penalty shall
cease as of that earlier date.

end insert

(2) (A)  begin delete Any end delete begin insert If the department issues a notification of deficiency end insert
begin insert t end insert begin insert o an end insert agency or facility begin delete that repeats end delete begin insert for a repeat violation of end insert a
violation specified in paragraph begin delete (1) within 12 months of a prior
violation having a similar factual description of the deficiency as
stated on the notification of deficiency, end delete begin insert (1), the department end insert shall
begin delete be subject to end delete begin insert assess end insert an immediate civil penalty of two hundred
fifty dollars ($250) per begin insert repeat end insert violation and one hundred dollars
($100) for each day the begin insert repeat end insert violation continues after citation.

begin insert

(B) For purposes of this section, “repeat violation” means the
violation within 12 months of a prior violation of a statutory or
regulatory provision designated by the same combination of letters
or numerals or, both letters and numerals.

end insert begin insert

(3) If 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 provided in this chapter, a
correction of the deficiency shall not impact the imposition of a
civil penalty.

end insert

(c) The department shall assess an immediate civil penalty of
five hundred dollars ($500) per violation and one hundred dollars
($100) for each day the violation continues after citation for any
of the following serious violations:

(1) Any violation that results in the injury or illness of a resident.

(2) (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.

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

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

(5) Accessible firearms, ammunition, or both.

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

(7) The presence of a person subject to a department Order of
Exclusion on the premises.

(d)  begin delete Any end delete begin insert If the department issues a notification of deficiency to
a end insert facility begin delete that repeats a end delete begin insert for a repeat violation of a end insert violation
specified in subdivision begin delete (c) within 12 months of a prior violation,
having a similar factual description of the deficiency as stated on
the notification of deficiency, end delete begin insert (c), the department end insert shall begin delete be subject
to end delete begin insert assess end insert an immediate civil penalty of one thousand dollars
($1,000) per begin insert repeat end insert violation and one hundred dollars ($100) for
each day the begin insert repeat end insert violation continues after citation.

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

(f) 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).

(g) (1) Before the assessment of a civil penalty pursuant to
subdivision (e) or (f), the decision shall be approved by the program
administrator of the Community Care Licensing Division.

(2)  begin delete If the end delete begin insert (A) end insert begin insert   end insert begin insert The end insert department begin delete assesses a end delete begin insert shall reduce the amount
of a end insert civil penalty pursuant to subdivision (e) or begin delete (f), that end delete begin insert (f) by the
amount of the end insert civil penalty begin delete shall prevail and the civil penalty end delete
begin insert already assessed end insert for the underlying begin delete violation shall be waived. end delete

begin insert violation. end insert

begin delete

(h) A violation cited by the department shall be classified
according to the nature of the violation and shall indicate the
classification on its face.

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end delete begin insert

(B) If the amount of the civil penalty that the department has
already assessed for the underlying violation exceeds the amount
of the penalty pursuant to subdivision (e) or (f), the larger amount
shall prevail and be due and payable as already assessed by the
department.

end insert begin delete

(i)

end delete

begin insert ( end insert begin insert h) end insert  (1) 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. The department shall make a good faith effort
to work with the licensee to determine the cause of the deficiency
and ways to prevent any repeat violations.

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

begin delete

(j)

end delete

begin insert ( end insert begin insert i) end insert  (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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
appeal pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the administrative law judge.

end insert

(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.

begin delete

(k)

end delete

begin insert (j) end insert  (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 begin delete (j) end delete begin insert (i) end insert 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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
appeal pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the administrator of the Community
Care Licensing Division.

end insert begin delete

(l)

end delete

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

begin delete

(m)

end delete

begin insert ( end insert begin insert l) end insert  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.

begin delete

(n)

end delete

begin insert ( end insert begin insert m) end insert  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.

SEC. 4.  

Section 1596.8595 of the Health and Safety Code is
amended to read:

1596.8595.  

(a) (1) Each licensed child day care facility shall
post a copy of any licensing report pertaining to the facility that
documents either a facility begin delete visit end delete begin insert inspection end insert or a complaint
investigation that results in a citation for a violation that, if not
corrected, will create a direct and immediate risk to the health,
safety, or personal rights of begin insert the end insert children in care. The licensing
report provided by the department shall be posted immediately
upon receipt, adjacent to the postings required pursuant to Section
1596.817 and on, or immediately adjacent to, the interior side of
the main door to the facility and shall remain posted for 30
consecutive days.

(2) A family day care home shall comply with the posting
requirements contained in paragraph (1) during the hours when
clients are present.

(3) Failure to comply with paragraph (1) shall result in an
immediate civil penalty of one hundred dollars ($100).

(b) (1) Notwithstanding subdivision (b) of Section 1596.859,
the licensee shall post a licensing report or other appropriate
document verifying the licensee’s compliance or noncompliance
with the department’s order to correct a deficiency that is subject
to posting pursuant to paragraph (1) of subdivision (a). The
licensing report or other document shall be posted immediately
upon receipt, adjacent to the postings required pursuant to Section
1596.817, on, or immediately adjacent to, the interior side of the
main door into the facility and shall be posted for a period of 30
consecutive days.

(2) A family day care home shall comply with the posting
requirements contained in paragraph (1) during the hours when
clients are present.

(3) Failure to comply with paragraph (1) shall result in an
immediate civil penalty of one hundred dollars ($100).

(c) (1) A licensed child day care facility shall provide to the
parents or guardians of each child receiving services in the facility
copies of any licensing report that documents begin delete any Type A or more
serious end delete begin insert a end insert citation begin insert issued pursuant to subdivision (e) or (f) of Section
1569.99 or subdivision (e) or (f) of Section 1597.58 end insert begin insert or end insert that
represents an immediate risk to the health, safety, or personal rights
of children in care as set forth in paragraph (1) of subdivision (a)
of Section 1596.893b.

(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing report that the licensee has
received during the prior 12-month period that documents begin delete any
Type A or more serious end delete begin insert a end insert citation begin insert issued pursuant to subdivision
(e) or (f) of Section 1569.99 or subdivision (e) or (f) of Section
1597.58 end insert begin insert or end insert that represents an immediate risk to the health, safety,
or personal rights of children in care as set forth in paragraph (1)
of subdivision (a) of Section 1596.893b.

(3) The licensee shall require each recipient of the licensing
report described in paragraph (1) pertaining to a complaint
investigation to sign a statement indicating that he or she has
received the document and the date it was received.

(4) The licensee shall keep verification of receipt in each child’s
file.

(d) (1) A licensed child day care facility shall provide to the
parents or legal guardians of each child receiving services in the
facility copies of any licensing document pertaining to a conference
conducted by a local licensing agency management representative
with the licensee in which issues of noncompliance are discussed.

(2) Upon enrollment of a new child in a facility, the licensee
shall provide to the parents or legal guardians of the newly
enrolling child copies of any licensing document that the licensee
has received during the prior 12-month period that pertains to a
conference conducted by a local licensing agency management
representative with the licensee in which issues of noncompliance
are discussed.

(3) The licensee shall require each recipient of the licensing
document pertaining to a conference to sign a statement indicating
that he or she has received the document and the date it was
received.

(4) The licensee shall keep verification of receipt in each child’s
file.

SEC. 5.  

Section 1596.99 of the Health and Safety Code 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
shall levy civil penalties as follows:

(b) (1) The amount of the civil penalty shall be one hundred
dollars ($100) per day for each violation of this chapter if an agency
or facility fails to correct a deficiency after being provided a
specified length of time to correct the deficiency. begin delete If 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 provided in this chapter. A correction of a deficiency
shall not impact the imposition of a civil penalty. end delete

begin insert

(A) If a licensee or a licensee’s representative submits evidence
to the department that the licensee has corrected a deficiency, and
the department, after reviewing that evidence, has determined that
the deficiency has been corrected, the civil penalty shall cease as
of the day the department received that evidence.

end insert begin insert

(B) If the department deems it necessary, the department shall
inspect the facility within five working days after the department
receives evidence pursuant to subparagraph (A) to confirm that
the deficiency has been corrected.

end insert begin insert

(C) If the department determines that the deficiency has not
been corrected, the civil penalties shall continue to accrue from
the date of the original citation.

end insert begin insert

(D) If the department is able to verify that the deficiency was
corrected prior to the date on which the department received the
evidence pursuant to subparagraph (A), the civil penalty shall
cease as of that earlier date.

end insert

(2) (A)  begin delete Any end delete begin insert If the department issues a notification of deficiency end insert
begin insert to end insert begin insert an end insert agency or facility begin delete that repeats end delete begin insert for a repeat violation of end insert a
violation specified in paragraph begin delete (1) within 12 months of a prior
violation having a similar factual description of the deficiency on
the notification of deficiency, end delete begin insert (1), the department end insert shall begin delete be subject
to end delete begin insert assess end insert an immediate civil penalty of two hundred fifty dollars
($250) per begin insert repeat end insert violation and one hundred dollars ($100) for
each day the begin insert repeat end insert violation continues after citation.

begin insert

(B) For purposes of this section, “repeat violation” means the
violation within 12 months of a prior violation of a statutory or
regulatory provision designated by the same combination of letters
or numerals, or both letters and numerals.

end insert begin insert

(3) If 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 provided in this chapter. A
correction of a deficiency shall not impact the imposition of a civil
penalty.

end insert

(c) The department shall assess an immediate civil penalty of
five hundred dollars ($500) per violation and one hundred dollars
($100) for each day the violation continues after citation, for any
of the following serious violations:

(1) Any violation that the department determines resulted in the
injury or illness of a child.

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

(3) 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.

(4) Accessible bodies of begin delete water. end delete begin insert water if prohibited by this
chapter or regulations adopted pursuant to this chapter. end insert

(5) Accessible firearms, ammunition, or both.

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

(7) The presence of a person subject to a department Order of
Exclusion on the premises.

(d)  begin delete Any end delete begin insert If the department issues a notice of deficiency to a end insert
facility begin delete that repeats a end delete begin insert for a repeat violation of a end insert violation specified
in subdivision begin delete (c) within 12 months of a prior violation, having a
similar factual description of deficiency as stated in the notification
of deficiency, end delete begin insert (c), the department end insert shall begin delete be subject to end delete begin insert assess end insert an
immediate civil penalty of one thousand dollars ($1,000) per begin insert repeat end insert
violation and one hundred dollars ($100) for each day the begin insert repeat end insert
violation continues after citation.

(e) 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 facility
licensed to care for 30 or fewer children.

(2) Ten thousand dollars ($10,000) for a facility licensed to care
for 31 to 100, inclusive, children.

(3) Fifteen thousand dollars ($15,000) for a facility licensed to
care for more than 100 children.

(f) (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 facility
licensed to care for 30 or fewer children.

(B) Five thousand dollars ($5,000) for a facility licensed to care
for 31 to 100, inclusive, children.

(C) Ten thousand dollars ($10,000) for a facility licensed 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.

(g) (1) Before the assessment of a civil penalty pursuant to
subdivision (e) or (f), the decision shall be approved by the program
administrator of the Community Care Licensing Division.

(2)  begin delete If the end delete begin insert (A) end insert begin insert   end insert begin insert The end insert department begin delete assesses end delete begin insert shall reduce the amount
of end insert a civil penalty pursuant to subdivision (e) or begin delete (f), that end delete begin insert (f) by the
amount of the end insert civil penalty begin delete shall prevail and the civilpenalty end delete
begin insert already assessed end insert for the underlying begin delete violation shall be waived. end delete

begin insert violation. end insert

begin delete

(h) Citations issued by the department shall be classified
according to the nature of the violation and shall indicate the
classification on its face.

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end delete begin insert

(B) If the amount of the civil penalty that the department has
already assessed for the underlying violation exceeds the amount
of the penalty pursuant to subdivision (e) or (f), the larger amount
shall prevail and be due and payable as already assessed by the
department.

end insert begin delete

(i)

end delete

begin insert ( end insert begin insert h) end insert  Notwithstanding any 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.

begin delete

(j)

end delete

begin insert ( end insert begin insert i) end insert  (1) 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 in which the deficiency
occurred. The department shall make a good faith effort to work
with the licensee to determine the cause of the deficiency and ways
to prevent any repeat violations.

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

begin delete

(k)

end delete

begin insert ( end insert begin insert j) end insert  (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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
appeal pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the administrative law judge.

end insert

(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.

begin delete

(l)

end delete

begin insert ( end insert begin insert k) end insert  (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 begin delete (k) end delete begin insert (j) end insert 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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
appeal pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the program administrator of the
Community Care Licensing Division.

end insert begin delete

(m)

end delete

begin insert ( end insert begin insert l) end insert  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.

begin delete

(n)

end delete

begin insert ( end insert begin insert m) end insert  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.

begin delete

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

end delete

SEC. 6.  

Section 1597.58 of the Health and Safety Code 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 shall levy a civil penalty.

(b) (1) The amount of the civil penalty shall be one hundred
dollars ($100) per day for each violation of this chapter if an agency
or facility fails to correct a deficiency after being provided a
specified length of time to correct that deficiency. begin delete If 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 provided in this chapter, a correction of the deficiency
shall not impact the imposition of a civil penalty. end delete

begin insert

(A) If a licensee or a licensee’s representative submits evidence
to the department that the licensee has corrected a deficiency, and
the department, after reviewing that evidence, has determined that
the deficiency has been corrected, the civil penalty shall cease as
of the day the department received that evidence.

end insert begin insert

(B) If the department deems it necessary, the department shall
inspect the facility within five working days after the department
receives evidence pursuant to subparagraph (A) to confirm that
the deficiency has been corrected.

end insert begin insert

(C) If the department determines that the deficiency has not
been corrected, the civil penalties shall continue to accrue from
the date of the original citation.

end insert begin insert

(D) If the department is able to verify that the deficiency was
corrected prior to the date on which the department received the
evidence pursuant to subparagraph (A), the civil penalty shall
cease as of that earlier date.

end insert

(2) (A)  begin delete Any end delete begin insert If the department issues a notification of deficiency end insert
begin insert to end insert begin insert a end insert facility begin delete that repeats end delete begin insert for a repeat violation of end insert a violation
specified in paragraph begin delete (1) within 12 months of a prior violation
having a similar factual description of deficiency as stated on the
notification of deficiency, end delete begin insert (1), the department end insert shall begin delete be subject to end delete
begin insert assess end insert an immediate civil penalty of two hundred fifty dollars
($250) per begin insert repeat end insert violation and one hundred dollars ($100) for
each day the begin insert repeat end insert violation continues after citation.

begin insert

(B) For purposes of this section, “repeat violation” means the
violation within 12 months of a prior violation of a statutory or
regulatory provision designated by the same combination of letters
or numerals, or both letters and numerals.

end insert begin insert

(3) If 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 provided in this chapter, a
correction of the deficiency shall not impact the imposition of a
civil penalty.

end insert

(c) The department shall assess an immediate civil penalty of
five hundred dollars ($500) per violation and one hundred dollars
($100) for each day the violation continues after citation, for any
of the following serious violations:

(1) Any violation that the department determines resulted in the
injury or illness 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 begin delete water. end delete begin insert water if prohibited by this
chapter or regulations adopted pursuant to this chapter. end insert

(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 a person subject to a department Order of
Exclusion on the premises.

(d)  begin delete Any end delete begin insert If the department issues a notification of deficiency to
a end insert facility begin delete that repeats a end delete begin insert for a repeat violation of a end insert violation
specified in subdivision begin delete (c) within 12 months of a prior violation,
having a similar factual description of deficiency as stated in the
notification of deficiency, is subject to end delete begin insert (c), the department shall
assess end insert an immediate civil penalty of one thousand dollars ($1,000)
per begin insert repeat end insert violation and one hundred dollars ($100) for each day
the begin insert repeat end insert violation continues after citation.

(e) 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.

(f) (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.

(g) (1) Before the assessment of a civil penalty pursuant to
subdivision (e) or (f), the decision shall be approved by the program
administrator of the Community Care Licensing Division.

(2)  begin delete If the end delete begin insert (A) end insert begin insert   end insert begin insert The end insert department begin delete assesses end delete begin insert shall reduce the amount
of end insert a civil penalty begin insert due end insert pursuant to subdivision (e) or begin delete (f), that end delete begin insert (f) by
the amount of the end insert civil penalty begin delete shall prevail and the civil penalty end delete
begin insert already assessed end insert for the underlying begin delete violation shall be waived. end delete

begin insert violation. end insert

begin delete

(h) A violation cited by the department shall be classified
according to the nature of the violation and shall indicate the
classification on its face.

(1) A Type AA violation is a violation that the department
determines resulted in the death or serious bodily injury of, or that
constitutes physical abuse of, a client, pursuant to subdivision (e)
or (f).

(2) A Type A violation is a violation that the department
determines poses a direct and immediate risk to the health or safety
of a person in care.

(3) A Type B violation is a violation that does not meet the
standards of a Type AA or A violation, but that the department
determines poses a potential risk to the health or safety of a person
in care.

(4) A Type C violation is a violation that does not meet the
standards of a Type AA, A, or B violation.

end delete begin insert

(B) If the amount of the civil penalty that the department has
already assessed for the underlying violation exceeds the amount
of the penalty pursuant to subdivision (e) or (f), the larger amount
shall prevail and be due and payable as already assessed by the
department.

end insert begin delete

(i)

end delete

begin insert ( end insert begin insert h) end insert  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.

begin delete

(j)

end delete

begin insert ( end insert begin insert i) end insert  (1) 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 in which the deficiency
occurred. The department shall make a good faith effort to work
with the licensee to determine the cause of the deficiency and ways
to prevent any repeat violations.

(2) The department shall adopt regulations setting forth appeal
procedures for deficiencies.

begin delete

(k)

end delete

begin insert (j) end insert  (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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
review pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the administrative law judge.

end insert

(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.

begin delete

(l)

end delete

begin insert ( end insert begin insert k) end insert  (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 begin delete (k) end delete begin insert (j) end insert 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)  begin insert (A) end insert begin insert   end insert 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.

begin delete

(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.

end delete begin insert

(B) Notwithstanding any other law, if a licensee prevails in an
appeal pursuant to subparagraph (A), the department shall refund
to the licensee the amount of any civil penalty that the licensee
had paid in connection with the citation within 10 business days
of a final determination by the administrator of the Community
Care Licensing Division.

end insert begin delete

(n)

end delete

begin insert ( end insert begin insert l) end insert  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.

begin delete

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

end delete