California Assembly Bill AB1387 Amended / Bill

 BILL NUMBER: AB 1387AMENDED BILL TEXT AMENDED IN SENATE JUNE 25, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Chu FEBRUARY 27, 2015 An act to amend Sections  1596.99   1548, 1568.0822, 1569.35, 1569.49, 1596.99,  and 1597.58 of the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGEST AB 1387, as amended, Chu. Care facilities: civil  penalties.   penalties, deficiencies, and appeal procedures.   Existing   (1)     Existing  law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensing and administration of  community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly,   child  day care  centers   centers,  and family day care homes. Existing law authorizes  the   any person to request an inspection of a residential care facility for the elderly by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations, including, but not limited to, a denial of access of any person statutorily aut   horized to enter the facility. Under existing law, upon receipt of a complaint alleging denial of a statutory right of access to a residential facility for the elderly, the department is required to review the complaint and promptly notify the complainant of the department's proposed course of action.   This bill would instead authorize any person to request an investigation of a residential care facility for the elderly by making a complaint to the department alleging a violation of the applicable statutes or regulations. The bill would delete the department's above-described obligations relating to the denial of a statutory right of access and instead impose specified requirements on the department, including a pre-investigation interview, if a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly. The bill would impose other requirements on the department relating to investigations conducted pursuant to these provisions, including, among others, that within 10 days of completing the investigation of a complaint, the department notify the complainant in writing of the department's determination as a result of the investigation and of the complainant' s right to appeal the findings. The bill would establish a process for a complainant to appeal the department's investigation, findings, or enforcement actions resulting from the investigation.   (2)     Existing law authorizes the  department to impose various civil penalties for a licensing violation under  those   the above-described  provisions, as  specified, and requires   specified. Existing law generally authorizes the department to impose a larger civil penalty for a violation that the department determines resulted in the death of a resident of or a person receiving care at one of those facilities, and for a violation that the department determines constitutes physical abuse of, or results in serious bodily injury to, a resident of or a person receiving care at one of those facilities. Prior to the issuance of a citation imposing one of those death, physical abuse, or serious bodily injury civil penalties, existing law requires the approval of the Director of Social Services.   This bill would instead require the approval of the program administrator of the Community Care Licensing Division of the department prior to the issuance of a citation imposing one of the death, physical abuse, or serious bodily injury civil penalties described above.   (3) Existing law, beginning July 1, 2015, provides a licensee under the provisions described above the right to submit to the department a written request for a formal review of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by a regional manager of the Community Care Licensing Division of the department. Existing law establishes a process to appeal that review to the program administrator of the Community Care Licensing Division of the department, to further appeal to the deputy director of the Community Care Licensing Division of the department, and, upon exhausting the deputy director review, to an administrative law judge.   This bill would revise the review process of an assessment of the death, physical abuse, and serious bodily injury civil penalties described above by, among other things, deleting the provisions relating to a regional manager of the Community Care Licensing Division of the department and the program administrator of the Community Care Licensing Division of the department. The bill would also establish a process to appeal any other civil penalty assessed pursuant to these provisions.   (4) Existing law requires the department to notify the facilities described above in writing of all deficiencies in their compliance with specified provisions of law, and requires those facilities, unless otherwise specified, to remedy the deficiencies within certain time periods. Existing law requires the department to adopt regulations setting forth the appeal procedures for deficiencies.   This bill would establish a process for a licensee to submit to the department a written request for a formal review of a finding of a deficiency, and to further appeal that review to the program administrator of the Community Care Licensing Division. The bill would also require a notification of a deficiency written by a representative of the department to include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.   (5)     Existing law requires  moneys collected from the imposition of  those   the  penalties  described above relating to child day care centers and family day care homes  to be deposited in the Child Health and Safety Fund and expended for certain purposes, including technical assistance, orientation, training, and education of licensed daycare centers. This bill would delete the requirement that moneys collected from the imposition of certain penalties and deposited in the Child Health and Safety Fund be used for assisting families with the identification, transportation, and enrollment of children in another day care center or family day care home upon the revocation or suspension of the license of a day care center or family day care home. Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   It is the intent of the Legislature to enact legislation that would clarify the complaint process for residential care facilities for the elderly and revise the appeal procedures for a deficiency issued against a care facility licensed by the State Department of Social Services.   SEC. 2.   Section 1548 of the   Health and Safety Code   , as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:  1548. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty. (b) The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation. (c) Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations: (1) (A) Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following: (i) Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending. (ii) Initiated eviction proceedings. (B) A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier. (2) Absence of supervision, as required by statute or regulation. (3) Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter. (4) Accessible firearms, ammunition, or both. (5) Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538. (6) The presence of an excluded person on the premises. (d) (1) For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000). (2) For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows: (A) Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensee's facilities, to care for 50 or less persons. (B) Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 50 persons. (3) For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows: (A) Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensee's facilities, to care for 40 or less children. (B) Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensee's facilities, to care for 41 to 100, inclusive, children. (C) Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 100 children. (4) For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000). (e) (1) (A) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000). (B) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows: (i) Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensee's facilities, to care for 50 or less persons. (ii) Five thousand dollars ($5,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 50 persons. (C) For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, the civil penalty shall be assessed as follows: (i) Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensee's facilities, to care for 40 or less children. (ii) Five thousand dollars ($5,000) for a licensee licensed, among all of the licensee's facilities, to care for 41 to 100, inclusive, children. (iii) Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 100 children. (D) For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000). (2) For purposes of subparagraphs (C) and (D), "physical abuse" includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the child's welfare is a licensee, administrator, or employee of any facility licensed to care for children. (f) Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the  director.   program administrator of the Community Care Licensing   Division.  (g) Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected. (h) Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected. (i) (1) The department shall adopt regulations setting forth the appeal procedures for deficiencies. (2) A  notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.   (j)     (1)     A  licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10  business  days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by  a regional manager   the deputy director  of the Community Care Licensing Division. If the  regional manager   department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director  determines that the civil penalty was not  assessed   assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made,  in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil  penalty.   penalty or finding of deficiency.  The licensee shall be notified in writing of the  regional manager's   deputy director's  decision within 60  calendar  days of the request to review the assessment of the civil penalty.  (3) The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional manager's decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrator's decision within 60 days of the request to review the regional manager's decision.   (4) The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program director's decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy director's decision within 60 days of the request to review the program administrator's decision.   (5)   (2)  Upon exhausting the  deputy director review,   review described in paragraph (1),  a licensee may  further appeal  a civil penalty assessed pursuant to subdivision (d) or (e)  that decision  to an administrative law judge. Proceedings shall be conducted in accordance with 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 by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.  (6)   (3)  If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.  (k) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional manager's decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (j)   (l)  The department shall adopt regulations implementing this section.  (k)   (m)  The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by  the act that added this subdivision.   Section 2 of Chapter 813 of the Statutes of 2014.   (l)   (n)  As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home against moneys to be paid by a county for the care of minors after the group home has exhausted its appeal of the civil penalty assessment. The department shall provide the group home a reasonable opportunity to pay the civil penalty before instituting the offset provision.  (m)   (o)  This section shall become operative on July 1, 2015.  SEC. 3.   Section 1568.0822 of the   Health and Safety Code   , as added by Section 4 of Chapter 813 of the Statutes of 2014, is amended to read:  1568.0822. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty. (b) The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter, except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation. (c) Notwithstanding Section 1568.07, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations: (1) (A) Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following: (i) Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending. (ii) Initiated eviction proceedings. (B) A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier. (2) Absence of supervision, as required by statute and regulation. (3) Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter. (4) Accessible firearms, ammunition, or both. (5) Refused entry to a facility or any part of a facility in violation of Section 1568.07 or 1568.071. (6) The presence of an excluded person on the premises. (d) For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000). (e) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000). (f) Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the  director.   program administrator of the Community Care Licensing Division.  (g) Notwithstanding Section 1568.07, any residential care facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected. (h) Any residential care facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected, provided that the violation is a serious violation. (i) (1) The department shall adopt regulations setting forth the appeal procedures for deficiencies. (2) A  notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.   (j)     (1)     A  licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10  business  days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by  a regional manager   the deputy director  of the Community Care Licensing Division. If the  regional manager   department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director  determines that the civil penalty was not  assessed   assessed, or the finding of deficiency that resulted in the assessment of the civil penalty was not made,  in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil  penalty.   penalty or finding of deficiency.  The licensee shall be notified in writing of the  regional manager's   deputy director's  decision within 60  calendar  days of the request to review the assessment of the civil penalty.  (3) The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional manager's decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrator's decision within 60 days of the request to review the regional manager's decision.   (4) The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program director's decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy director's decision within 60 days of the request to review the program administrator's decision.   (5)   (2)  Upon exhausting the  deputy director review,   review described in paragraph (1),  a licensee may  further  appeal  a civil penalty assessed pursuant to subdivision (d) or (e)   that decision  to an administrative law judge. Proceedings shall be conducted in accordance with 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 by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.  (6)   (3)  If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.  (k) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional manager's decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (j)   (l)  The department shall adopt regulations implementing this section.  (k)   (m) The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by  the act that added this subdivision.   Section 4 of Chapter 813 of the Statutes of 2014.   (l)   (n)  This section shall become operative on July 1, 2015.  SEC. 4.   Section 1569.35 of the   Health and Safety Code   is amend   ed to read:  1569.35. (a) Any person may request an  inspection   investigation  of  any   a  residential care facility for the elderly in accordance with this chapter by transmitting   making a complaint  to the department  notice of an alleged   alleging a  violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9722 of the Welfare and Institutions Code. A complaint may be made either orally or in writing. (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)  (1)    Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility for the elderly, 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 for the elderly, the department shall review the complaint. The complainant shall be notified promptly of the department's proposed course of action.   (2) If a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly under Section 9722 of the Welfare and Institutions Code, the department shall give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section.   (3) Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the department's proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant.   (d) When conducting an investigation pursuant to this section, the department shall consult with and, to the extent practicable, coordinate its investigation of a residential care facility for the elderly with the investigation of the facility by other agencies, including, but not limited to, the Office of the State Long-Term Care Ombudsman and law enforcement agencies.   (e) Within 10 business days of completing the investigation of a complaint under this section, the department shall notify the complainant in writing of the department's determination as a result of the investigation and of the complainant's right to appeal the findings. The written notice shall describe the appeal process provided for under subdivisions (f) and (g) and include a copy of any reports and documents describing violations and enforcement actions resulting from the investigation.   (f) A complainant who is dissatisfied with the department's investigation, findings, or enforcement actions resulting from the investigation may file an appeal by notifying the program manager of the officer, employee, or agent of the department conducting the investigation in writing within 15 business days after receiving the notice described in subdivision (e). The program manager shall schedule a meeting or teleconference with the complainant within 30 business days of receiving an appeal. The program manager shall carefully review the concerns, information, and evidence presented by the complainant to determine whether the department's findings or actions should be modified or whether further investigation is necessary. Within 10 business days after conducting the meeting or teleconference with the complainant, the program manager shall notify the complainant in writing of the department's determinations and actions concerning the appeal and of the appeal rights provided in subdivision (g).   (g) If a complainant is dissatisfied with the program manager's determination on an appeal pursuant to subdivision (f), the complainant may, within 15 business days after receipt of this determination, file an appeal in writing with the Quality Assurance Unit of the Community Care Licensing Division. Within 30 business days of receiving an appeal, a representative of the Quality Assurance Unit shall interview the complainant, consider any information presented or submitted by the complainant, and review the complaint record to determine whether the department's findings or actions should be modified or whether further investigation is necessary. No later than 10 business days after completing this review, the deputy director of the Community Care Licensing Division shall notify the complainant in writing of the department's determinations and actions concerning the appeal.   (h) A complainant may be assisted or represented by any person of his or her choice in the appeal processes described in this section.   SEC. 5.   Section 1569.49 of the   Health and Safety Code  , as added by Section 6 of Chapter 813 of the Statutes of 2014, is amended to read:  1569.49. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty. (b) The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation. (c) Notwithstanding Section 1569.33, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations: (1) (A) Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following: (i) Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending. (ii) Initiated eviction proceedings. (B) A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier. (2) Absence of supervision as required by statute or regulation. (3) Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter. (4) Accessible firearms, ammunition, or both. (5) Refused entry to a facility or any part of a facility in violation of Section 1569.32, 1569.33, or 1569.35. (6) The presence of an excluded person on the premises. (d) For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000). (e) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000). (f) Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the  director.   program administrator of the Community Care Licensing Division.  (g) Notwithstanding Section 1569.33, any residential care facility for the elderly that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected. (h) Any residential care facility for the elderly that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one thousand dollars ($1,000) and one hundred dollars ($100) for each day the violation continues until the deficiency is corrected. (i) (1) The department shall adopt regulations setting forth the appeal procedures for deficiencies. (2) A  notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.   (j)    (1)   A  licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10  business  days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by  a regional manager   the deputy director  of the Community Care Licensing Division. If the  regional manager   department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director  determines that the civil penalty was not  assessed   assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was   not made,  in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil  penalty.   penalty or finding of deficiency.  The licensee shall be notified in writing of the  regional manager's  deputy director's  decision within 60  calendar  days of the request to review the assessment of the civil penalty.  (3) The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional manager's decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrator's decision within 60 days of the request to review the regional manager's decision.   (4) The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program director's decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy director's decision within 60 days of the request to review the program administrator's decision.   (5)   (2)  Upon exhausting the  deputy director review,   review described in paragraph (1),  a licensee may  further  appeal  a civil penalty assessed pursuant to subdivision (d) or (e)   that decision  to an administrative law judge. Proceedings shall be conducted in accordance with 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 by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.  (6)   (3)  If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.  (k) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional manager's decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (j)   (l)  The department shall adopt regulations implementing this section.  (k)   (m)  The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by  the act that added this subdivision.   Section 6 of Chapter 813 of the Statutes of 2014.   (l)   (n)  This section shall become operative on July 1, 2015.  SECTION 1.   SEC. 6.  Section 1596.99 of the Health and Safety Code, as added by Section 8 of Chapter 813 of the Statutes of 2014, is amended to read: 1596.99. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter or Chapter 3.4 (commencing with Section 1596.70), the department may levy a civil penalty. (b) The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation. (c) Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations: (1) Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems. (2) Absence of supervision, including, but not limited to, a child left unattended, supervision of a child by a person under 18 years of age, and lack of supervision resulting in a child wandering away. (3) Accessible bodies of water. (4) Accessible firearms, ammunition, or both. (5) Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09. (6) The presence of an excluded person on the premises. (d) For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows: (1) Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensee's facilities, to care for 30 or less children. (2) Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensee's facilities, to care for 31 to 100, inclusive, children. (3) Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 100 children. (e) (1) For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows: (A) Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensee's facilities, to care for 30 or less children. (B) Five thousand dollars ($5,000) for a licensee licensed, among all of the licensee's facilities, to care for 31 to 100, inclusive, children. (C) Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 100 children. (2) For purposes of this subdivision, "physical abuse" includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the child' s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. (f) Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the  director.   program administrator of the Community Care Licensing Division.  (g) Notwithstanding Sections 1596.893a, 1596.893b, and 1596.98, any day care center that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70) within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected. (h) Any day care center that is assessed a civil penalty under subdivision (g) and that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected. (i) Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed child care centers pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed day care center providers. (j) (1) The department shall adopt regulations setting forth the appeal procedures for deficiencies. (2) A  notification of a deficiency written by a representative of the department shall include a factual description of the   nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.   (k)     (1)     A  licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10  business  days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by  a regional manager   the deputy director  of the Community Care Licensing Division. If the  regional manager   department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director  determines that the civil penalty was not  assessed   assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made,  in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil  penalty.   penalty or finding of deficiency.  The licensee shall be notified in writing of the  regional manager's   deputy director's  decision within 60  calendar  days of the request to review the assessment of the civil penalty.  (3) The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional manager's decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrator's decision within 60 days of the request to review the regional manager's decision.   (4) The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program director's decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy director's decision within 60 days of the request to review the program administrator's decision.   (5)   (2)  Upon exhausting the  deputy director review,   review described in paragraph (1),  a licensee may  further  appeal  a civil penalty assessed pursuant to subdivision (d) or (e)   that decision  to an administrative law judge. Proceedings shall be conducted in accordance with 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 by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.  (6)   (3)  If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.  (l) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional manager's decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (k)   (m)  The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by  the act that added this subdivision.   Section 8 of Chapter 813 of the Statutes of 2014.   (l)   (n)  This section shall become operative on July 1, 2015.  SEC. 2.   SEC. 7.  Section 1597.58 of the Health and Safety Code, as added by Section 10 of Chapter 813 of the Statutes of 2014, is amended to read: 1597.58. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty. (b) The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the department. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation. (c) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62 the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations: (1) Any violation that results in the injury, illness, or death of a child. (2) Absence of supervision, including, but not limited to, a child left unattended, a child left alone with a person under 18 years of age, and lack of supervision resulting in a child wandering away. (3) Accessible bodies of water. (4) Accessible firearms, ammunition, or both. (5) Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a, and 1597.55b. (6) The presence of an excluded person on the premises. (d) For a violation that the department determines resulted in the death of a child, the civil penalty shall be assessed as follows: (1) Five thousand dollars ($5,000) for a small family day care home, as described in Section 1597.44. (2) Seven thousand five hundred dollars ($7,500) for a large family day care home, as described in Section 1597.465. (e) (1) For a violation that the department determines constitutes physical abuse or resulted in serious injury, as defined in Section 1596.8865, to a child, the civil penalty shall be assessed as follows: (A) One thousand dollars ($1,000) for a small family day care home, as described in Section 1597.44. (B) Two thousand dollars ($2,000) for a large family day care home, as described in Section 1597.465. (2) For purposes of this subdivision, "physical abuse" includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the child' s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. (f) Before the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the  director.   program administrator of the Community Care Licensing Division.  (g) Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62, any family day care home that is cited for repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of the first violation is subject to an immediate civil penalty assessment of up to one hundred fifty dollars ($150) and may be assessed up to fifty dollars ($50) for each day the violation continues until the deficiency is corrected. (h) Any family day care home that is assessed a civil penalty under subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) shall be assessed an immediate assessment of up to one hundred fifty dollars ($150) and may be assessed up to one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected. (i) Notwithstanding any other law, revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section 1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance, orientation, training, and education of licensed family day care home providers. (j) (1) The department shall adopt regulations setting forth the appeal procedures for deficiencies. (2) A  notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.   (k)     (1)     A  licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10  business  days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by  a regional manager   the deputy director  of the Community Care Licensing Division. If the  regional manager   department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the deputy director  determines that the civil penalty was not  assessed   assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made,  in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil  penalty.   penalty or finding of deficiency.  The licensee shall be notified in writing of the  regional manager's   deputy director's  decision within 60  calendar  days of the request to review the assessment of the civil penalty.  (3) The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional manager's decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrator's decision within 60 days of the request to review the regional manager's decision.   (4) The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program director's decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy director's decision within 60 days of the request to review the program administrator's decision.   (5)   (2)  Upon exhausting the  deputy director review,   review described in paragraph (1),  a licensee may further  appeal  a civil penalty assessed pursuant to subdivision (d) or (e)   that decision  to an administrative law judge. Proceedings shall be conducted in accordance with 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 by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.  (6)   (3)  If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.  (l) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (k) within 10 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the department requires additional information from the licensee, that information shall be requested within the first 30 calendar days after receiving the request for review. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 10 business days of receipt of notice of the regional manager's decision. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator's decision within 60 calendar days of the request to review the civil penalty or finding of deficiency.   (k)   (m)  The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by  the act that added this subdivision.   Section 10 of Chapter 813 of the Statutes of 2014.   (l)   (n)  This section shall become operative on July 1, 2015.