1. (a) If a licensee fails to correct a deficiency by the date specified in the notice of deficiency or subsequent approved corrective action plan, the Department shall assess a civil penalty as indicated below:

   1. (1) The Department shall assess a civil penalty of twenty-five ($25) dollars per day against the licensee for each Class C deficiency.
   2. (2) The Department shall assess a civil penalty of fifty ($50) dollars per day against the licensee for each Class A or B deficiency.
   3. (3) The maximum daily civil penalty for all deficiencies shall not exceed one hundred fifty ($150) dollars.

2. (b) The Department shall assess civil penalties from the date specified in the notice of deficiency or subsequent approved corrective action plan until the date the licensee submits written verification that the deficiency is corrected. The date of submission by the licensee shall be the date the written verification of correction is postmarked.

   If a Departmental site visit determines that the licensee failed to correct the deficiency, the civil penalty shall continue to accrue from the date specified in the notice of deficiency.

3. (c) If the licensee repeats the same violation within a 12-month period, the Department shall assess a civil penalty against the licensee of one hundred fifty ($150) dollars. The Department shall also assess a penalty of fifty ($50) dollars for each day from the date specified in the notice of deficiency until the Department receives written verification from the licensee that the deficiency is corrected. The date of receipt by the Department shall be the date the written verification of correction from the licensee is postmarked.

   If a Departmental site visit determines that the licensee failed to correct the deficiency, the civil penalty shall continue to accrue from the date specified in the notice of deficiency.

4. (d) If a licensee, who was assessed a civil penalty in accordance with (c) of this section, repeats the same violation within 12 months of the second violation, the Department shall assess a civil penalty of one hundred fifty ($150) dollars for each day from the date specified in the notice of deficiency until the Department receives written verification from the licensee that the deficiency was corrected. The date of receipt by the Department shall be the date the written verification of correction from the licensee is postmarked.

   If a Departmental site visit determines that the licensee failed to correct the deficiency, the civil penalty shall continue to accrue from the date specified in the notice of deficiency.

5. (e) If the Department assesses a civil penalty, the Department shall provide to the licensee a written notice of civil penalty, which shall specify:

   1. (1) The amount of the civil penalty,
   2. (2) The date upon which the civil penalty shall begin,
   3. (3) The date payment is due,
   4. (4) The address to which the payment is to be mailed or delivered, and
   5. (5) The licensee's right to administrative review, pursuant to Section 10550.
6. (f) Civil penalties, assessed pursuant to this regulation and adjudicated pursuant to Section 10550, shall be paid by certified check or money order payable to the Department of Alcohol and Drug Programs.
7. (g) If a licensee fails to pay civil penalties, assessed pursuant to Section 10547 and adjudicated pursuant to Section 10550, the Department may file a claim in a court of competent jurisdiction or take other disciplinary action as necessary to recover the amount of the penalties.

Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34, 11834.36 and 11834.45, Health and Safety Code.

History

1. New section filed 4-18-94; operative 5-18-94 (Register 94, No. 16).

2. Amendment of subsections (b), (c) and (d), repealer of subsections (b)(1), (c)(1), and (d)(1), and repealer of designators for subsections (b)(2), (c)(2) and (d)(2) filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Change without regulatory effect amending subsections (b), (c) and (d) (as they existed prior to emergency repealer filed 4-9-97) submitted to OAL on 3-18-97 and filed 4-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 18). These amendments will be inserted in the prior existing text in the event the 4-9-97 emergency language is repealed pursuant to Government Code sections 11346.1 or 11349.6 and prior existing text is reinstated.

4. Amendment refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-16-97 emergency, including amendment of subsection (b), transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).

6. Change without regulatory effect amending subsection (c) filed 6-12-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 24).