Section 11834.34 Of Article 3. Offenses From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 7.5. >> Article 3.
11834.34
. (a) In addition to the penalties of suspension or
revocation of a license issued under this chapter, the department may
also levy a civil penalty for violation of this chapter or the
regulations adopted pursuant to this chapter.
(1) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation, except where the nature or seriousness of the
violation or the frequency of the violation warrants a higher penalty
or an immediate civil penalty assessment, or both, as determined by
the department. Except for penalties assessed pursuant to Section
11834.31, in no event shall a civil penalty assessment exceed one
hundred fifty dollars ($150) per day.
(2) Any licensee that is cited for repeating the same violation
within 24 months of the first violation is subject to an immediate
civil penalty of one hundred fifty dollars ($150) and fifty dollars
($50) for each day the violation continues until the deficiency is
corrected.
(3) Any licensee that has been assessed a civil penalty pursuant
to paragraph (2) that repeats the same violation within 24 months of
the violation subject to paragraph (2) is subject to an immediate
civil penalty of one hundred fifty dollars ($150) for each day the
violation continues until the deficiency is corrected.
(b) Prior to the assessment of any civil penalty, the department
shall provide the licensee with notice requiring the licensee to
correct the deficiency within the period of time specified in the
notice.