§ 76715. Penalties.
22 CA ADC § 76715Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 22. Social Security
Division 5. Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies (Refs & Annos)
Chapter 8. Intermediate Care Facilities for the Developmentally Disabled
Article 6. Violations and Civil Penalties
22 CCR § 76715
§ 76715. Penalties.
(a) The condition or practice constituting a class “A” violation shall be abated or eliminated immediately, unless a fixed period of time, as determined by the Department, is required for correction. A class “A” violation is subject to a civil penalty in an amount not less than $1,000 and not exceeding $5,000 for each and every violation. In fixing the amount of the civil penalty to be imposed for a class “A” violation, the district administrator, or designee, shall consider:
(2) The “Good Faith” exercised by the licensee. Indications of good faith include awareness of the applicable statutes and regulations, and reasonable diligence in complying with such requirements, prior accomplishments manifesting the licensee's desire to comply with such requirements, and any other mitigating factors in favor of the licensee.
(b) A class “B” violation is subject to a civil penalty in an amount not less than $50 and not exceeding $250 for each and every violation. A citation for a class “B” violation shall specify the time within which the violation is required to be corrected. If a class “B” violation is corrected within the time specified, no civil penalty shall be imposed.
(d) Where a licensee has failed to correct a class “A” or a class “B” violation within the time specified in the citation, the Department shall assess the licensee a separate civil penalty in the amount of $50 for each day that the particular violation continues beyond the date specified for correction.
Credits
Note: Authority cited: Section 208 (a), Health and Safety Code. Reference: Sections 1276, 1410, 1424, and 1425, Health and Safety Code.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 76715, 22 CA ADC § 76715
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