California Assembly Bill AB2231 Amended / Bill

 BILL NUMBER: AB 2231AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 6, 2016 INTRODUCED BY Assembly Member Calderon FEBRUARY 18, 2016 An act to amend Sections 1548, 1568.0822, 1569.49, 1596.8595, 1596.99, and 1597.58 of the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGEST AB 2231, as amended, Calderon. Care facilities: civil penalties. Existing law establishes the State Department of Social Services and sets forth its powers and duties, including, but not limited to, the licensure and regulation of community care facilities, residential care facilities for persons with chronic life-threatening illnesses, residential care facilities for the elderly, day care centers, and family day care homes. Existing law authorizes the department to impose various civil penalties for a licensing violation under those provisions, as specified, and requires moneys collected from the imposition of those penalties to be expended for certain purposes. Existing law establishes a process for the appeal of a citation under these provisions. This bill would increase the amount of civil penalties to be imposed for a licensing violation under those provisions, and would impose civil penalties for a repeat violation of those provisions, as specified. The bill would delete the provisions that authorize the department to impose those civil penalties, and instead require the imposition of those civil penalties under those provisions. The bill would also delete a requirement that moneys collected from the imposition of certain penalties be used for assisting families with the identification, transportation, and enrollment of children in another day care or family day care home upon the revocation or suspension of the license of a day care or family day care home. The bill would also delete obsolete provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1548 of the Health and Safety Code is amended to read: 1548. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall levy civil penalties as follows: (b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if an agency or facility fails to correct a deficiency after being provided a specified length of time to correct that deficiency.  If 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 provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty.   (A) If a licensee or a licensee's representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence.   (B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected.   (C) If the department determines that the deficiency has not been corrected, the civil penalties shall continue to accrue from the date of the original citation.   (D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date.  (2)  Any   (A)     If the department issues a notification of deficiency   to   an  agency or facility  that repeats   for a repeat violation of  a violation specified in paragraph  (1) within 12 months of a prior violation having a similar factual description of the deficiency as stated in the notification of deficiency, is subject to   (1),   the department shal   l assess  an immediate civil penalty of two hundred fifty dollars ($250) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation.  (B) For purposes of this section, "repeat violation" means the violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals, or both letters and numerals.   (3) If 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 provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty.  (c) The department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation for any of the following serious violations: (1) Any violation that the department determines resulted in the injury or illness of a person in care. (2) (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. (3) Absence of supervision, as required by statute or regulation. (4) Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter. (5) Accessible firearms, ammunition, or both. (6) Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538. (7) The presence of a person subject to a department Order of Exclusion on the premises. (d)  Any   If   the department cites   an  agency or facility  that repeats a   for a repeat  violation specified in subdivision  (c) within 12 months of a prior violation having a similar factual description of the deficiency as stated in the notification of deficiency,   (c), the department  shall  be subject to   assess  an immediate civil penalty of one thousand dollars ($1,000) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation. (e) (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 licensed as an adult residential facility, adult residential facility for persons with special health care needs, 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 facility licensed to care for 50 or fewer persons. (B) Ten thousand dollars ($10,000) for a facility licensed to care for 51 or more persons. (3) For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, community treatment facility, transitional shelter care facility, transitional housing placement provider, small family home, crisis nursery, group home, enhanced behavioral supports home licensed as a group home, or short-term residential treatment center, the civil penalty shall be assessed as follows: (A) Seven thousand five hundred dollars ($7,500) for a facility licensed to care for 40 or fewer children. (B) Ten thousand dollars ($10,000) for a facility licensed to care for 41 to 100, inclusive, children. (C) Fifteen thousand dollars ($15,000) for a facility licensed to care for more than 100 children. (4) For a violation that the department determines resulted in the death of a youth receiving care at a runaway and homeless youth shelter licensed as a group home, the civil penalty shall be five thousand dollars ($5,000). (5) For a violation that the department determines resulted in the death of a child receiving care through a foster family agency, the civil penalty shall be seven thousand five hundred dollars ($7,500). (6) For a violation that the department determines resulted in the death of an individual receiving care or services through a full-service or noncustodial adoption agency, the civil penalty shall be seven thousand five hundred dollars ($7,500). (f) (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 licensed as an adult residential facility, adult residential facility for persons with special health care needs, 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 facility licensed to care for 50 or fewer persons. (ii) Five thousand dollars ($5,000) for a facility licensed to care for 51 or more 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, community treatment facility, transitional shelter care facility, transitional housing placement provider, small family home, crisis nursery, group home, enhanced behavioral supports home licensed as a group home, or short-term residential treatment center, the civil penalty shall be assessed as follows: (i) Two thousand five hundred dollars ($2,500) for a facility licensed to care for 40 or fewer children. (ii) Five thousand dollars ($5,000) for a facility licensed to care for 41 to 100, inclusive, children. (iii) Ten thousand dollars ($10,000) for a facility licensed 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 youth receiving care at a runaway and homeless youth shelter licensed as a group home, the civil penalty shall be one thousand dollars ($1,000). (E) 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 child receiving care through a foster family agency, the civil penalty shall be two thousand five hundred dollars ($2,500). (F) 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 an individual receiving care or services through a full-service or noncustodial adoption agency, the civil penalty shall be two thousand five hundred dollars ($2,500). (2) For purposes of subparagraphs (C), (D), (E), and (F) of paragraph (1), "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. (g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division. (2)  If the   (A)     The  department  assesses a   shall reduce the amount of a  civil penalty  due  pursuant to subdivision (e) or  (f), that   (f) by the amount of the  civil penalty  shall prevail and the civil penalty   already assessed  for the underlying  violation shall be waived.   violation.   (h) A citation of a violation issued by the department shall be classified according to the nature of the violation and shall indicate the classification on its face.   (1) A Type AA violation is a violation that the department determines resulted in the death or serious bodily injury of, or that constitutes physical abuse of, a client, pursuant to subdivision (e) or (f).   (2) A Type A violation is a violation that the department determines poses a direct and immediate risk to the health or safety of a person in care.   (3) A Type B violation is a violation that does not meet the standards of a Type AA or A violation, but that the department determines poses a potential risk to the health or safety of a person in care.   (4) A Type C violation is a violation that does not meet the standards of a Type AA, A, or B violation.   (B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department.   (i)   (   h)  (1) 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. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations. (2) The department shall adopt regulations setting forth the appeal procedures for deficiencies.  (j)   (   i)  (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 (e) or (f) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of 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 deputy director's decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)    Upon exhausting the review described in paragraph (1), a licensee may further appeal 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.  (B) Notwithstanding any other law, if a licensee prevails in an appeal pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the administrative law judge.  (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)   (   j)  (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)   (i)  within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)    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 15 business days of receipt of notice of the regional manager' s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator's decision is considered final and concludes the licensee's administrative appeal rights regarding the appeal conducted pursuant to this paragraph.  (B) Notwithstanding any other law, if a licensee prevails in an appeal pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the administrator of the Community Care Licensing Division.   (l)   (   k)  The department shall adopt regulations implementing this section.  (m)   (   l)  The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.  (n)   (   m)  As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.  (o)   (   n)  Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act. SEC. 2. Section 1568.0822 of the Health and Safety Code 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 shall levy civil penalties as follows: (b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if an agency or facility fails to correct a deficiency after being provided a specified length of time to correct that deficiency.  If 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 provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty.   (A) If a licensee or a licensee's representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence.   (B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected.   (C) If the department determines that the deficiency has not been corrected, the civil penalties shall continue to accrue from the date of the original citation.   (D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date.  (2) (A)  Any   If   the department issues a notification of deficiency   to   an  agency or facility  that repeats   for a repeat violation of  a violation specified in paragraph  (1) within 12 months of a prior violation, having a similar factual description of the deficiency as stated in the notification of deficiency,   (1), the department  shall  be subject to   assess  an immediate civil penalty of two hundred fifty dollars ($250) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation.  (B) For purposes of this section, "repeat violation" means the violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals, or both letters and numerals.   (3) If 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 provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty.  (c) Notwithstanding Section 1568.07, the department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation for any of the following serious violations: (1) Any violation that the department determines resulted in the injury or illness of a resident. (2) (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. (3) Absence of supervision, as required by statute and regulation. (4) Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter. (5) Accessible firearms, ammunition, or both. (6) Refused entry to a facility or any part of a facility in violation of Section 1568.07 or 1568.071. (7) The presence of a person subject to a department Order of Exclusion on the premises. (d)  Any   If the department issues a notification of deficiency to a  facility  that repeats a   for a repeat violation of a  violation specified in subdivision  (c) within 12 months of a prior violation having a similar factual description of the deficiency as stated in the notice of deficiency,   (c), the department  shall  be subject to   assess  an immediate civil penalty of one thousand dollars ($1,000) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation. (e) For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000). (f) 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). (g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division. (2)  If the   (A)     The  department  issues a citation   shall reduce the amount of a civil penalty due  pursuant to subdivision (e) or  (f), that   (f) by the amount of the  civil penalty  shall prevail and the civil penalty   already assessed  for the underlying  violation shall be waived.   violation.   (h) A citation of a violation issued by the department shall be classified according to the nature of the violation and shall indicate the classification on its face.   (1) A Type AA violation is a violation that the department determines resulted in the death or serious bodily injury of, or that constitutes physical abuse of, a client, pursuant to subdivision (e) or (f).   (2) A Type A violation is a violation that the department determines poses a direct and immediate risk to the health or safety of a person in care.   (3) A Type B violation is a violation that does not meet the standards of a Type AA or A violation, but that the department determines poses a potential risk to the health or safety of a person in care.   (4) A Type C violation is a violation that does not meet the standards of a Type AA, A, or B violation.   (B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department.   (i)   (   h)  (1) 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 in which the deficiency occurred. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations. (2) The department shall adopt regulations setting forth appeal procedures for deficiencies.  (j)   (   i)  (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 subdivision (e) or (f) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not 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 or finding of deficiency. The licensee shall be notified in writing of the deputy director's decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)    Upon exhausting the review described in paragraph (1), a licensee may further appeal 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.  (B) Notwithstanding any other law, if a licensee prevails in an appeal pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the administrative law judge.  (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)   (   j)  (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)   (i)  within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)    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 15 business days of receipt of notice of the regional manager' s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator's decision is considered final and concludes the licensee's administrative appeal rights regarding the appeal conducted pursuant to this paragraph.  (B) Notwithstanding any other law, if a licensee prevails in an appeal pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the administrator of the Community Care Licensing Division.   (l)   (k)  The department shall adopt regulations implementing this section.  (m)   (   l)  The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 4 of Chapter 813 of the Statutes of 2014.  (n)   (m)  Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act. SEC. 3. Section 1569.49 of the Health and Safety Code 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 shall levy civil penalties as follows: (b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if the agency or facility failed to correct a deficiency after being provided a specified length of time to correct that deficiency.  If 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 provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty.   (A) If a licensee or a licensee's representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence.   (B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected.   (C) If the department determines that the deficiency has not been corrected, the civil penalties shall continue to accrue from the date of the original citation.   (D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date.  (2) (A)  Any   If the department issues a notification of deficiency   t   o an  agency or facility  that repeats   for a repeat violation of  a violation specified in paragraph  (1) within 12 months of a prior violation having a similar factual description of the deficiency as stated on the notification of deficiency,   (1), the department  shall  be subject to   assess  an immediate civil penalty of two hundred fifty dollars ($250) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation.  (B) For purposes of this section, "repeat violation" means the violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals or, both letters and numerals.   (3) If 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 provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty.  (c) The department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation for any of the following serious violations: (1) Any violation that results in the injury or illness of a resident. (2) (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. (3) Absence of supervision as required by statute or regulation. (4) Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter. (5) Accessible firearms, ammunition, or both. (6) Refused entry to a facility or any part of a facility in violation of Section 1569.32, 1569.33, or 1569.35. (7) The presence of a person subject to a department Order of Exclusion on the premises. (d)  Any   If the department issues a notification of deficiency to a  facility  that repeats a   for a repeat violation of a  violation specified in subdivision  (c) within 12 months of a prior violation, having a similar factual description of the deficiency as stated on the notification of deficiency,   (c), the department  shall  be subject to   assess  an immediate civil penalty of one thousand dollars ($1,000) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation. (e) For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000). (f) 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). (g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division. (2)  If the   (A)     The  department  assesses a   shall reduce the amount of a  civil penalty pursuant to subdivision (e) or  (f), that   (f) by the amount of the  civil penalty  shall prevail and the civil penalty   already assessed  for the underlying  violation shall be waived.   violation.   (h) A violation cited by the department shall be classified according to the nature of the violation and shall indicate the classification on its face.   (1) A Type AA violation is a violation that the department determines resulted in the death or serious bodily injury of, or that constitutes physical abuse of, a client, pursuant to subdivision (e) or (f).   (2) A Type A violation is a violation that the department determines poses a direct and immediate risk to the health or safety of a person in care.   (3) A Type B violation is a violation that does not meet the standards of a Type AA or A violation, but that the department determines poses a potential risk to the health or safety of a person in care.   (4) A Type C violation is a violation that does not meet the standards of a Type AA, A, or B violation.   (B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department.   (i)   (   h)  (1) 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. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations. (2) The department shall adopt regulations setting forth the appeal procedures for deficiencies.  (j)  (   i)  (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 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not 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 or finding of deficiency. The licensee shall be notified in writing of the deputy director's decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)    Upon exhausting the review described in paragraph (1), a licensee may further appeal 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.  (B) Notwithstanding any other law, if a licensee prevails in an appeal pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the administrative law judge.  (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)   (j)  (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)   (i)  within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)    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 15 business days of receipt of notice of the regional manager' s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator's decision is considered final and concludes the licensee's administrative appeal rights regarding the appeal conducted pursuant to this paragraph.  (B) Notwithstanding any other law, if a licensee prevails in an appeal pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the administrator of the Community Care Licensing Division.   (l)   (   k)  The department shall adopt regulations implementing this section.  (m)   (   l)  The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 6 of Chapter 813 of the Statutes of 2014.  (n)   (   m)  Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act. SEC. 4. Section 1596.8595 of the Health and Safety Code is amended to read: 1596.8595. (a) (1) Each licensed child day care facility shall post a copy of any licensing report pertaining to the facility that documents either a facility  visit   inspection  or a complaint investigation that results in a citation for a violation that, if not corrected, will create a direct and immediate risk to the health, safety, or personal rights of  the  children in care. The licensing report provided by the department shall be posted immediately upon receipt, adjacent to the postings required pursuant to Section 1596.817 and on, or immediately adjacent to, the interior side of the main door to the facility and shall remain posted for 30 consecutive days. (2) A family day care home shall comply with the posting requirements contained in paragraph (1) during the hours when clients are present. (3) Failure to comply with paragraph (1) shall result in an immediate civil penalty of one hundred dollars ($100). (b) (1) Notwithstanding subdivision (b) of Section 1596.859, the licensee shall post a licensing report or other appropriate document verifying the licensee's compliance or noncompliance with the department's order to correct a deficiency that is subject to posting pursuant to paragraph (1) of subdivision (a). The licensing report or other document shall be posted immediately upon receipt, adjacent to the postings required pursuant to Section 1596.817, on, or immediately adjacent to, the interior side of the main door into the facility and shall be posted for a period of 30 consecutive days. (2) A family day care home shall comply with the posting requirements contained in paragraph (1) during the hours when clients are present. (3) Failure to comply with paragraph (1) shall result in an immediate civil penalty of one hundred dollars ($100). (c) (1) A licensed child day care facility shall provide to the parents or guardians of each child receiving services in the facility copies of any licensing report that documents  any Type A or more serious   a  citation  issued pursuant to subdivision (e) or (f) of Section 1569.99 or subdivision (e) or (f) of Section 1597.58   or  that represents an immediate risk to the health, safety, or personal rights of children in care as set forth in paragraph (1) of subdivision (a) of Section 1596.893b. (2) Upon enrollment of a new child in a facility, the licensee shall provide to the parents or legal guardians of the newly enrolling child copies of any licensing report that the licensee has received during the prior 12-month period that documents  any Type A or more serious   a  citation  issued pursuant to subdivision (e) or (f) of Section 1569.99 or subdivis   ion (e) or (f) of Section 1597.58   or  that represents an immediate risk to the health, safety, or personal rights of children in care as set forth in paragraph (1) of subdivision (a) of Section 1596.893b. (3) The licensee shall require each recipient of the licensing report described in paragraph (1) pertaining to a complaint investigation to sign a statement indicating that he or she has received the document and the date it was received. (4) The licensee shall keep verification of receipt in each child' s file. (d) (1) A licensed child day care facility shall provide to the parents or legal guardians of each child receiving services in the facility copies of any licensing document pertaining to a conference conducted by a local licensing agency management representative with the licensee in which issues of noncompliance are discussed. (2) Upon enrollment of a new child in a facility, the licensee shall provide to the parents or legal guardians of the newly enrolling child copies of any licensing document that the licensee has received during the prior 12-month period that pertains to a conference conducted by a local licensing agency management representative with the licensee in which issues of noncompliance are discussed. (3) The licensee shall require each recipient of the licensing document pertaining to a conference to sign a statement indicating that he or she has received the document and the date it was received. (4) The licensee shall keep verification of receipt in each child' s file. SEC. 5. Section 1596.99 of the Health and Safety Code 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 shall levy civil penalties as follows: (b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if an agency or facility fails to correct a deficiency after being provided a specified length of time to correct the deficiency.  If 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 provided in this chapter. A correction of a deficiency shall not impact the imposition of a civil penalty.   (A) If a licensee or a licensee's representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence.   (B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected.   (C) If the department determines that the deficiency has not been corrected, the civil penalties shall continue to accrue from the date of the original citation.   (D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date.  (2) (A)  Any   If the department issues a notification of deficiency   to   an  agency or facility  that repeats   for a repeat violation of  a violation specified in paragraph  (1) within 12 months of a prior violation having a similar factual description of the deficiency on the notification of deficiency,   (1), the department  shall  be subject to   assess  an immediate civil penalty of two hundred fifty dollars ($250) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation.  (B) For purposes of this section, "repeat violation" means the violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals, or both letters and numerals.   (3) If 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 provided in this chapter. A correction of a deficiency shall not impact the imposition of a civil penalty.  (c) The department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation, for any of the following serious violations: (1) Any violation that the department determines resulted in the injury or illness of a child. (2) Fire clearance violations, including, but not limited to, overcapacity, inoperable smoke alarms, and inoperable fire alarm systems. (3) 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. (4) Accessible bodies of  water.   water if prohibited by this chapter or regulations adopted pursuant to this chapter.  (5) Accessible firearms, ammunition, or both. (6) Refused entry to a facility or any part of a facility in violation of Section 1596.852, 1596.853, or 1597.09. (7) The presence of a person subject to a department Order of Exclusion on the premises. (d)  Any   If   the department issues a notice of deficiency to a  facility  that repeats a   for a repeat violation of a  violation specified in subdivision  (c) within 12 months of a prior violation, having a similar factual description of deficiency as stated in the notification of deficiency,   (c), the department  shall  be subject to   assess  an immediate civil penalty of one thousand dollars ($1,000) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation. (e) 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 facility licensed to care for 30 or fewer children. (2) Ten thousand dollars ($10,000) for a facility licensed to care for 31 to 100, inclusive, children. (3) Fifteen thousand dollars ($15,000) for a facility licensed to care for more than 100 children. (f) (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 facility licensed to care for 30 or fewer children. (B) Five thousand dollars ($5,000) for a facility licensed to care for 31 to 100, inclusive, children. (C) Ten thousand dollars ($10,000) for a facility licensed 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. (g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division. (2)  If the   (A)     The  department  assesses   shall reduce the amount of  a civil penalty pursuant to subdivision (e) or  (f), that   (f) by the amount of the  civil penalty shall prevail and the civilpenalty   already assessed  for the underlying  violation shall be waived.   violation.   (h) Citations issued by the department shall be classified according to the nature of the violation and shall indicate the classification on its face.   (1) A Type AA violation is a violation that the department determines resulted in the death or serious bodily injury of, or that constitutes physical abuse of, a client, pursuant to subdivision (e) or (f).   (2) A Type A violation is a violation that the department determines poses a direct and immediate risk to the health or safety of a person in care.   (3) A Type B violation is a violation that does not meet the standards of a Type AA or A violation, but that the department determines poses a potential risk to the health or safety of a person in care.   (4) A Type C violation is a violation that does not meet the standards of a Type AA, A, or B violation.   (B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department.   (i)   (   h)  Notwithstanding any 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)   (   i)  (1) 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 in which the deficiency occurred. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations. (2) The department shall adopt regulations setting forth the appeal procedures for deficiencies.  (k)   (   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 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not 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 or finding of deficiency. The licensee shall be notified in writing of the deputy director's decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)    Upon exhausting the review described in paragraph (1), a licensee may further appeal 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.  (B) Notwithstanding any other law, if a licensee prevails in an appeal pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the administrative law judge.  (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)   (   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  (k)   (j)  within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)    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 15 business days of receipt of notice of the regional manager' s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator's decision is considered final and concludes the licensee's administrative appeal rights regarding the appeal conducted pursuant to this paragraph.  (B) Notwithstanding any other law, if a licensee prevails in an appeal pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the program administrator of the Community Care Licensing Division.   (m)   (   l)  The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 8 of Chapter 813 of the Statutes of 2014.  (n)   (   m)  Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.  (o) This section shall become operative on July 1, 2015.  SEC. 6. Section 1597.58 of the Health and Safety Code 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 shall levy a civil penalty. (b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if an agency or facility fails to correct a deficiency after being provided a specified length of time to correct that deficiency.  If 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 provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty.   (A) If a licensee or a licensee's representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence.   (B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected.   (C) If the department determines that the deficiency has not been corrected, the civil penalties shall continue to accrue from the date of the original citation.   (D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date.  (2) (A)  Any   If the department issues a notification of deficiency   to   a  facility  that repeats   for a repeat violation of  a violation specified in paragraph  (1) within 12 months of a prior violation having a similar factual description of deficiency as stated on the notification of deficiency,   (1), the department  shall  be subject to   assess  an immediate civil penalty of two hundred fifty dollars ($250) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation.  (B) For purposes of this section, "repeat violation" means the violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals, or both letters and numerals.   (3) If 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 provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty.  (c) The department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation, for any of the following serious violations: (1) Any violation that the department determines resulted in the injury or illness 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.   water if prohibited by 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 Sections 1596.852, 1596.853, 1597.55a, and 1597.55b. (6) The presence of a person subject to a department Order of Exclusion on the premises. (d)  Any   If the department issues a notification of deficiency to a  facility  that repeats a   for a repeat violation of a  violation specified in subdivision  (c) within 12 months of a prior violation, having a similar factual description of deficiency as stated in the notification of deficiency, is subject to   (c), the department shall assess  an immediate civil penalty of one thousand dollars ($1,000) per  repeat  violation and one hundred dollars ($100) for each day the  repeat  violation continues after citation. (e) 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. (f) (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. (g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division. (2)  If the   (A)     The  department  assesses   shall reduce the amount   of  a civil penalty  due  pursuant to subdivision (e) or  (f), that   (f) by the amount of the  civil penalty  shall prevail and the civil penalty   already assessed  for the underlying  violation shall be waived.   violation.   (h) A violation cited by the department shall be classified according to the nature of the violation and shall indicate the classification on its face.   (1) A Type AA violation is a violation that the department determines resulted in the death or serious bodily injury of, or that constitutes physical abuse of, a client, pursuant to subdivision (e) or (f).   (2) A Type A violation is a violation that the department determines poses a direct and immediate risk to the health or safety of a person in care.   (3) A Type B violation is a violation that does not meet the standards of a Type AA or A violation, but that the department determines poses a potential risk to the health or safety of a person in care.   (4) A Type C violation is a violation that does not meet the standards of a Type AA, A, or B violation.   (B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department.   (i)   (   h)  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)   (   i)  (1) 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 in which the deficiency occurred. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations. (2) The department shall adopt regulations setting forth appeal procedures for deficiencies.  (k)   (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 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not 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 or finding of deficiency. The licensee shall be notified in writing of the deputy director's decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)    Upon exhausting the review described in paragraph (1), a licensee may further appeal 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.  (B) Notwithstanding any other law, if a licensee prevails in an review pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the administrative law judge.  (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)   (   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  (k)   (j)  within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. (2)  (A)   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 15 business days of receipt of notice of the regional manager' s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. 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 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator's decision is considered final and concludes the licensee's administrative appeal rights regarding the appeal conducted pursuant to this paragraph.  (m) The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 10 of Chapter 813 of the Statutes of 2014.   (B) Notwithstanding any other law, if a licensee prevails in an appeal pursuant to subparagraph (A), the department shall refund to the licensee the amount of any civil penalty that the licensee had paid in connection with the citation within 10 business days of a final determination by the administrator of the Community Care Licensing Division.   (n)   (   l)  Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.  (o) This section shall become operative on July 1, 2015.