Section 94935 Of Article 18. Compliance, Enforcement, Process, And Penalties From California Education Code >> Division 10. >> Title 3. >> Part 59. >> Chapter 8. >> Article 18.
94935
. (a) Bureau staff who, during an inspection of an
institution, detect a violation of this chapter, or regulations
adopted pursuant to this chapter, that is a minor violation as
determined by the bureau, pursuant to regulations adopted by January
1, 2011, shall issue a notice to comply before leaving the
institution. The bureau shall establish a voluntary informal appeal
process, by regulation, within one year of the enactment of this
chapter.
(b) An institution that receives a notice to comply shall have no
more than 30 days from the date of inspection to remedy the
noncompliance.
(c) Upon achieving compliance, the institution shall sign and
return the notice to comply to the bureau.
(d) A single notice to comply shall be issued listing separately
all the minor violations cited during the inspection.
(e) A notice to comply shall not be issued for any minor violation
that is corrected immediately in the presence of the bureau staff.
Immediate compliance may be noted in the inspection report, but the
institution shall not be subject to any further action by the bureau.
(f) A notice to comply shall be the only means the bureau shall
use to cite a minor violation discovered during an inspection. The
bureau shall not take any other enforcement action specified in this
chapter against an institution that has received a notice to comply
if the institution remedies the violation within 30 days from the
date of the inspection.
(g) If an institution that receives a notice to comply pursuant to
subdivision (a) disagrees with one or more of the alleged minor
violations listed in the notice to comply, an institution shall send
the bureau a written notice of disagreement. The agency may take
administrative enforcement action to seek compliance with the
requirements of the notice to comply.
(h) If an institution fails to comply with a notice to comply
within the prescribed time, the bureau shall take appropriate
administrative enforcement action.