Cal. Code Regs. Tit. 22, § 101193 - Deficiencies in Compliance
(a) If
during a licensing evaluation the evaluator determines that a deficiency exists, the
evaluator shall issue a notice of deficiency unless the deficiency is not serious
and is corrected during the visit.
(b)
Prior to completion of an evaluation or other licensing visit, the person in charge
of the child care center shall meet with the evaluator to discuss any deficiencies
noted, to jointly develop a plan for correcting each deficiency, and to acknowledge
receipt of the notice of deficiency.
(c)
The evaluator shall, at the completion of the visit, personally deliver the notice
of deficiency to the licensee or the person in charge of the child care center. If
the licensee is not present, the evaluator shall also mail a copy of the notice to
the licensee.
(1) If the person in charge of the
child care center refuses to accept the notice, the evaluator shall make a note of
the refusal on the notice and leave a copy of the notice at the center. The
evaluator shall also mail a copy of the notice to the licensee.
(d) The notice of deficiency shall be in writing
and shall include the following:
(1) A citation of
the law or regulation that has been violated.
(2) A description of the deficiency stating the
manner in which the licensee failed to comply with a specified law or regulation
and, if applicable, the particular place or area of the child care center in which
the deficiency occurred.
(3) The plan
developed, as specified in (b) above, for correcting each deficiency.
(4) A date by which each deficiency shall be
corrected.
(A) In determining the date for
correcting a deficiency, the evaluator shall consider the following factors:
1. The potential hazard presented by the
deficiency.
2. The number of children
affected.
3. The availability of
equipment or personnel necessary to correct the deficiency.
4. The estimated time for delivery and/or
installation of necessary equipment.
(B) The date for correcting a deficiency shall not
be more than 30 calendar days following service of the notice of deficiency unless
the evaluator determines that the deficiency cannot be completely corrected in 30
calendar days.
(C) If the date for
correcting the deficiency is more than 30 calendar days following service of the
notice of deficiency, the notice shall specify the corrective actions that must be
taken within 30 calendar days to begin correction.
(D) If civil penalties are assessed, the evaluator
shall require correction of the deficiency within 24 hours and shall specify on the
notice of deficiency the date by which the correction must be
made.
(5) The amount of the
civil penalty assessed and the date the penalty begins.
(6) The address and telephone number of the
Department's office responsible for reviewing notices of deficiencies for the area
in which the child care center is located.
Notes
2. Renumbering of former section 101193 to section 101206 and renumbering and amendment of former section 101203 to section 101193 filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
Note: Authority cited: Sections 1596.81 and 1596.99, Health and Safety Code. Reference: Sections 1596.81(b), 1596.98 and 1596.99, Health and Safety Code.
2. Renumbering of former section 101193 to section 101206 and renumbering and amendment of former section 101203 to section 101193 filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
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