Section 1793.6 Of Article 7. Offenses And Penalties From California Health And Safety Code >> Division 2. >> Chapter 10. >> Article 7.
1793.6
. (a) The department may issue citations pursuant to this
section containing orders of abatement and assessing civil penalties
against any entity that violates Section 1771.2 or 1793.5.
(b) If upon inspection or investigation, the department has
probable cause to believe that an entity is violating Section 1771.2
or 1793.5, the department may issue a citation to that entity. Each
citation shall be in writing and shall describe with particularity
the basis of the citation. Each citation shall contain an order of
abatement. In addition to the administrative fines imposed pursuant
to Section 1793.27, an entity that violates the abatement order shall
be liable for a civil penalty in the amount of two hundred dollars
($200) per day for violation of the abatement order.
(c) The civil penalty authorized in subdivision (b) shall be
imposed if a continuing care retirement community is operated without
a provisional certificate of authority or certificate of authority
and the operator refuses to seek a certificate of authority or the
operator seeks a certificate of authority and the application is
denied and the operator continues to operate the continuing care
retirement community without a provisional certificate of authority
or certificate of authority, unless other remedies available to the
department, including prosecution, are deemed more appropriate by the
department.
(d) Service of a citation issued under this section may be made by
certified mail at the last known business address or residence
address of the entity cited.
(e) Within 15 days after service of a citation under this section,
an entity may appeal in writing to the department with respect to
the violations alleged, the scope of the order of abatement, or the
amount of civil penalty assessed.
(f) If the entity cited fails without good cause to appeal in
writing to the department within 15 business days after service of
the citation, the citation shall become a final order of the
department. The department may extend the 15-day period for good
cause, to a maximum of 15 additional days.
(g) If the entity cited under this section makes a timely appeal
of the citation, the department shall provide an opportunity for a
hearing. The department shall thereafter issue a decision, based on
findings of fact, affirming, modifying, or vacating the citation or
directing other appropriate relief. The proceedings under this
section shall be conducted in accordance with the provisions of
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the department shall have all the
powers granted therein.
(h) After exhaustion of the review procedures specified in this
section, the department may apply to the appropriate superior court
for a judgment in the amount of the civil penalty and an order
compelling the cited entity to comply with the order of abatement.
The application, which shall include a certified copy of the final
order of the department shall be served upon the cited entity who
shall have five business days to file that entity's response in
writing in the superior court. This period may be extended for good
cause. Failure on the part of the cited entity to respond shall
constitute grounds for entry of a default judgment against that
entity. In the event a response is timely filed in superior court,
the action shall have priority for trial over all other civil
matters.
(i) Notwithstanding any other provision of law, the department may
waive part or all of the civil penalty if the entity against whom
the civil penalty is assessed satisfactorily completes all the
requirements for, and is issued, a provisional certificate of
authority or certificate of authority.
(j) Civil penalties recovered pursuant to this section shall be
deposited into the Continuing Care Provider Fee Fund.