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§ 76962. Penalties.

22 CA ADC § 76962Barclays 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 8.5. Intermediate Care Facilities/Developmentally Disabled--Habilitative
Article 6. Violations and Civil Penalties
22 CCR § 76962
§ 76962. Penalties.
Currentness
(a) In fixing the amount of civil penalty to be imposed for a class “A” violation, the district administrator, or designee, shall consider:
(1) The gravity of the violation, which shall include:
(A) The degree of substantial probability that death or serious physical harm to a client would result and, if applicable, did result from the violation.
(B) The severity of serious physical harm to a client or guest which was likely to result and, if applicable, that did result, from the violation.
(C) The extent to which the provisions of the applicable statutes or regulations were violated.
(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.
(3) Any previous violations committed by the licensee.

Credits

Note: Authority cited: Sections 208.4 and 1267.7, Health and Safety Code. Reference: Sections 1424 and 1427, Health and Safety Code.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 76962, 22 CA ADC § 76962
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