Section 1596.842 Of Article 2. Administration Of Child Day Care Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 2.
1596.842
. Following approval by the department of a list of
provider rights, the Community Care Licensing Division shall print
and distribute in person, to individuals or to groups, and by other
appropriate methods of distribution, a list of provider rights which
shall include, but not be limited to, the following:
(a) Site visit rights:
(1) The right to require licensing field staff to identify
themselves.
(2) The right to be advised of the type of the visit, whether
complaint, plan of correction, prelicensing, or some other type. When
a site visit is made to investigate a complaint, the site visit
rights described in paragraphs (4) and (9) shall be applicable at the
completion of the investigation.
(3) The right to be treated as a professional and with dignity and
respect.
(4) The right to receive an accurate report of the evaluator's
findings listing each observed deficiency. Each deficiency shall be
separately numbered, so as to clearly indicate the number of
deficiencies, shall be accompanied by a number that corresponds to a
section of law or licensing regulation, and shall include a
description of the evaluator's observation that led to the finding of
a deficiency. The description of the evaluator's observation shall
include a clear explanation of why the existing condition constitutes
a deficiency, unless the description of the observation provides the
explanation.
(5) The right to review licensing laws, regulations, and policy.
(6) The right to an impartial investigation of all complaints.
(7) The right, at the time of the visit, to determine and develop
a plan of correction for deficiencies cited.
(8) The right to use the licensing report (LIC 809) as a means to
agree or disagree with cited deficiencies.
(9) The right to an exit interview upon completion of the visit
and to receive a signed copy of the LIC 809.
(10) The right to be informed on the LIC 809 of the evaluator's
supervisor and his or her telephone number.
(11) The right of access to the public file on any facility and
the right to purchase a copy at a reasonable cost.
(b) Initial appeal rights:
(1) The right, without prejudice, to appeal any decision, any
failure to act according to law or regulation, or any failure to act
within any specified timeline, through the licensing agency as
specified in Sections 1596.99 and 1597.58.
(2) The right to request a meeting with district office
administrators to discuss any licensing issue and with notice to
bring any person to the meeting.
(3) The right to due process and the option of bringing a
representative to any administrative action.
(c) The right to file a formal complaint, and receive a written
response to that complaint within 30 days, for any licensing issue
not covered by subdivision (b), including, but not limited to,
inappropriate behavior of department employees.
(d) The department shall, by June 30, 1992, mail to all licensees
a copy of this section and a full and complete copy of the appeals
procedure developed to implement subdivision (b).
(e) The department shall, on all forms it requires or recommends
that providers use, all notices of regulations or departmental
policy, and all notices to implement this section, clearly label the
department as the source of the material, including the name of the
department, the name of the division responsible for implementing
this chapter, and the address of that division.