Section 1568.071 Of Chapter 3.01. Residential Care Facilities For Persons With Chronic Life-threatening Illness From California Health And Safety Code >> Division 2. >> Chapter 3.01.
1568.071
. (a) Any person may request an inspection of any
residential care facility in accordance with this chapter by
transmitting to the department notice of an alleged violation of
applicable requirements prescribed by statutes or regulations of this
state.
(b) The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection. Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided the licensee nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of any person mentioned in the
complaint except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.
(c) Upon receipt of a complaint, other than a complaint alleging
denial of a statutory right of access to a residential care facility,
the department shall make a preliminary review and, unless the
department determines that the complaint is willfully intended to
harass a licensee or is without any reasonable basis, it shall make
an onsite inspection within 10 days after receiving the complaint
except where the visit would adversely affect the licensing
investigation or the investigation of other agencies, including, but
not limited to, law enforcement agencies. In either event, the
complainant shall be promptly informed of the department's proposed
course of action.
(d) Upon receipt of a complaint alleging denial of a statutory
right of access to a residential facility, the department shall
review the complaint. The complainant shall be notified promptly of
the department's proposed course of action.