Cal. Code Regs. Tit. 8, § 9771.80 - Additional or Nonroutine Examinations and Surveys

(a) An examination or survey is additional or nonroutine for good cause for the purposes of Section 4600.6(q) of the Code when the reason for such examination or survey is any of the following:

(1) The organization's noncompliance with written instructions from the Administrative Director;

(2) The organization has violated, or the Administrative Director has reason to believe that the organization has violated, any of the provisions of Sections 4600.3, 4600.5, or 4600.6 of the Code or regulations referring to those sections.

(3) The organization has committed, or the Administrative Director has reason to believe that the organization has committed, any of the acts or omissions enumerated in Section 4600.5(k) of the Code.

(4) The Administrative Director deems such additional or nonroutine examination or survey necessary to verify representations made to the Administrative Director by an organization in response to a deficiency letter.

(b) Each situation giving rise to an additional or nonroutine examination or survey shall be evaluated on a case-by-case basis as to the seriousness of the violation, or lack of timely or adequate response by the organization to the Administrative Director's request to correct the violation. The organization shall be notified in writing of the provisions of the Act or regulations which have been, or may have been, violated and which therefore caused such additional or nonroutine examination or survey to be performed. The expense of such examinations and surveys shall be charged to the organization being examined or surveyed in accordance with Section 4600.6(q) of the Code.

Notes

Cal. Code Regs. Tit. 8, § 9771.80

1. New section filed 4-15-98; operative 4-15-98. Submitted to OAL for printing only pursuant to Stats. 1997, Ch. 346 Section 5 (Register 98, No. 16).

Note: Authority cited: Stats. 1997, Ch. 346 Section 5. Reference: Sections 4600.3, 4500.5 and 4600.6, Labor Code.

1. New section filed 4-15-98; operative 4-15-98. Submitted to OAL for printing only pursuant to Stats. 1997, Ch. 346 , TION sec 5 (Register 98, No. 16).