Article 11. Enforcement of California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 11.
(a) A home care organization that operates in violation of
any requirement or obligation imposed by this chapter or any rule or
regulation promulgated pursuant to this chapter may be subject to
the fines levied or licensure action taken by the department as
specified in this chapter.
(b) When the department determines that a home care organization
is in violation of this chapter or any rules or regulations
promulgated pursuant to this chapter, a notice of violation shall be
served upon the licensee. Each notice of violation shall be prepared
in writing and shall specify the nature of the violation and the
statutory provision, rule, or regulation alleged to have been
violated. The notice shall inform the licensee of any action the
department may take pursuant to this chapter, including the
requirement of a plan of correction, assessment of a penalty, or
action to suspend, revoke, or deny renewal of the license. The
director or his or her designee shall also inform the licensee of
rights to a hearing pursuant to this chapter.
(c) The department may impose a fine of up to nine hundred dollars
($900) per violation per day commencing on the date the violation
was identified and ending on the date each violation is corrected.
(d) The department shall adopt regulations establishing procedures
for notices, correction plans, appeals, and hearings.
It is a misdemeanor for a person to falsely represent or
present himself or herself as a home care aide applicant or
registered home care aide.
Any person who violates this chapter, or who willfully or
repeatedly violates a rule or regulation promulgated under this
chapter, is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed one thousand dollars
($1,000) or by imprisonment in a county jail for a period not to
exceed 180 days, or by both that fine and imprisonment.
(a) Notwithstanding any other provision of this chapter,
the district attorney of every county, and city attorneys in cities
that have city attorneys who have jurisdiction to prosecute
misdemeanors pursuant to Section 72193 of the Government Code, may,
upon their own initiative or upon application by the department or
its authorized representative, institute and conduct the prosecution
of any action for violation within their county of this chapter or a
rule or regulation promulgated under this chapter.
(b) The civil, criminal, and administrative remedies available to
the department pursuant to this chapter are not exclusive, and may be
sought and employed in any combination as determined by the
department to enforce this chapter or a rule or regulation
promulgated under this chapter.