Cal. Code Regs. tit. 22 § 89256

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 89256 - Unlicensed Home Administrative Appeal

(a) An unlicensed home operator or his/her representative shall have the right to appeal the penalty assessment to the licensing agency within 10 working days after service of the penalty assessment.

(1) If unlicensed operation has not ceased, the $200 per day penalty shall continue to accrue during the appeal process.

(b) The appeal review shall be conducted by a higher level staff person at the licensing agency than the staff person at the licensing agency who issued the penalty.

(c) If the higher level staff person at the licensing agency who reviews the appeal determines that the penalty assessment was not issued in accordance with applicable statues and regulations of the Department, he or she shall have the authority to amend or dismiss the penalty assessment.

Cal. Code Regs. Tit. 22, § 89256

1. Renumbering of former section 87056 to section 89256, including amendment of NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87056 to section 89256, including amendment of NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section heading, section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).

Note: Authority cited: Sections 1530, 1530.5 and 1547, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1503.5, 1508, 1531, 1536.1, 1540, 1541, 1541.1 and 1547, Health and Safety Code.

1. Renumbering of former section 87056 to section 89256, including amendment of Note, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87056 to section 89256, including amendment of Note, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section heading, section and Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).