Cal. Code Regs. Tit. 22, § 101195 - Penalties
(a) A penalty of
$50 per day, per cited violation, shall be assessed for serious deficiencies
that are not corrected by the date specified in the notice of deficiency, up to
a maximum of $150 per day.
(b)
Notwithstanding Section
101195(a) above,
an immediate penalty of $100 per cited violation per day for a maximum of five
(5) days shall be assessed if any individual required to be fingerprinted under
Health and Safety Code Section
1596.871(b)
has not obtained a California clearance or criminal record exemption, requested
a transfer of a criminal record clearance or requested and be approved for a
transfer of an exemption as specified in Section
101170(e) prior
to working, residing or volunteering in the facility.
(1) Subsequent violations within a twelve
(12) month period will result in a civil penalty of one hundred dollars ($100)
per violation per day for a maximum of thirty (30) days.
(2) The Department may assess civil penalties
for continued violations as permitted by Health and Safety Code Section
1596.99.
(3) Progressive civil penalties specified in
Sections 101195(d) and (e)
below shall not apply.
(c) Notwithstanding (a) above, an immediate
penalty of $150 per day shall be assessed if a child becomes sick, is injured
or dies as a result of a deficiency.
(d) When a child care center is cited for a
deficiency and violates the same regulation subsection within a 12-month
period, the child care center shall be cited and an immediate penalty of $150
per cited violation shall be assessed for one day only. Thereafter, a penalty
of $50 per day, per cited violation, shall be assessed until the deficiency is
corrected.
(e) When a child care
center that was cited for a deficiency subject to the immediate penalty
assessment specified in Section
101195(d) above
violates the same regulation subsection within a 12-month period of the last
violation, the child care center shall be cited and an immediate penalty of
$150 per cited violation shall be assessed for one day only. Thereafter, a
penalty of $150 per day, per cited violation, shall be assessed until the
deficiency is corrected.
(1) For purposes of
Sections 101195(d) and (e)
above, a regulation subsection is the regulation denoted by a lower-case letter
after the main regulation number.
(f) If any deficiency is not corrected by the
date specified in the notice of deficiency, a penalty shall be assessed for the
notice of deficiency, a penalty shall be assessed for each day following that
date until compliance has been demonstrated.
(1) Immediate penalty assessment as specified
in Sections
101195(c), (d) and
(e) shall begin on the day the deficiency is
cited.
(g) If a licensee
or his/her representative reports to the Department that a deficiency has been
corrected, the penalty shall cease as of the day the Department receives either
verbal or written notification that the correction was made.
(1) If the evaluator determines the
deficiency was not corrected as reported, civil penalties shall continue to
accrue from the date of the original citation.
(2) If it can be verified that the correction
was made prior to the date of notification, the penalty shall cease as of that
earlier date.
(h) If
necessary, a site visit shall be made immediately or within five working days
to confirm that the deficiency has been corrected.
(i) If an immediate civil penalty is assessed
and the deficiency is corrected on the same day, the penalty shall still be
assessed for that day.
(j) Unless
otherwise ordered by the Department all penalties are due and payable upon
receipt of the notice for payment, and shall be paid only by check or money
order made payable to the agency indicated in the notice.
(k) The Department has the authority to file
a claim in a court of competent jurisdiction or to take other appropriate
action for failure to pay penalties as specified in (j) above.
Notes
2. Renumbering of former section 101195 to new section 101200 and renumbering and amendment of former section 101205 to section 101195 filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
3. Amendment of section and NOTE filed 7-27-2001; operative 8-26-2001 (Register 2001, No. 30).
4. Editorial correction adding inadvertently omitted subsection (g)(2) (Register 2002, No. 39).
5. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (b) and (b)(1) and repealer of subsection (b)(1)(A), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
9. Amendment of subsection (b), new subsection (b)(1), subsection renumbering, amendment of newly designated subsection (b)(2) and amendment of NOTE filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
Note: Authority cited: Sections 1596.81 and 1596.893(b), Health and Safety Code. Reference: Sections 1596.81(b), 1596.871, 1596.893, 1596.98 and 1596.99, Health and Safety Code.
2. Renumbering of former section 101195 to new section 101200 and renumbering and amendment of former section 101205 to section 101195 filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
3. Amendment of section and Note filed 7-27-2001; operative 8-26-2001 (Register 2001, No. 30).
4. Editorial correction adding inadvertently omitted subsection (g)(2) (Register 2002, No. 39).
5. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (b) and (b)(1) and repealer of subsection (b)(1)(A), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
9. Amendment of subsection (b), new subsection (b)(1), subsection renumbering, amendment of newly designated subsection (b)(2) and amendment of Note filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.