Cal. Code Regs. Tit. 22, § 80052 - Deficiencies in Compliance
(a) When a licensing evaluation is conducted
and 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 licensee,
administrator, operator, or other person in charge of the facility 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
provide notice of deficiency to the licensee by one of the following:
(1) Personal delivery to the licensee, at the
completion of the visit.
(2) If the
licensee is not at the facility site, leaving the notice with the person in
charge of the facility at the completion of the visit.
(A) Under such circumstances, a copy of the
notice shall also be mailed to the licensee.
(3) If the licensee or the person in charge
of the facility refuses to accept the notice a notation of the refusal shall be
written on the notice and a copy left at the facility.
(A) Under such circumstances, a copy of the
notice shall also be mailed to the licensee.
(d) The notice of deficiency shall be in
writing and shall include the following:
(1)
Citation of the statute or regulation which has been violated.
(2) A description of the nature of the
deficiency stating the manner in which the licensee failed to comply with a
specified statute or regulation, and the particular place or area of the
facility in which it 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 clients affected.
3. The
availability of equipment or personnel necessary to correct the
deficiency.
4. The estimated time
necessary for delivery, and for any 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 which must be taken within 30
calendar days to begin correction.
(D) The evaluator shall require correction of
the deficiency within 24 hours and shall specify on the notice the date by
which the correction must be made whenever penalties are assessed pursuant to
sections 80054(c), (d) and
(e).
(5) The amount of penalty being assessed and
the date the penalty begins.
(6)
The address and telephone number of the licensing office responsible for
reviewing notices of deficiencies for the area in which the facility is
located.
Notes
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 1534 and 1548, Health and Safety Code.
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.