California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 6 - Violations and Civil Penalties › Section 76713 - Issuance of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a routine visit, survey or investigation of a complaint is conducted and
				  the representative of the Department determines that a facility is in violation
				  of any statutory provision or regulation relating to the operation or
				  maintenance of such facility, except with respect to violations determined to
				  have only a minimal relationship to safety or health, the surveyor shall
				  promptly, but not later than three days, excluding Saturdays, Sundays and
				  holidays, after the date of inspection, or after the completion of inspection,
				  issue a citation to the licensee.
(b) The citation shall be served personally
				  upon the licensee or designee by the representative of the Department. If the
				  licensee is not served personally, a copy of the citation shall be sent by
				  registered or certified mail to the licensee.
(c) The district administrator, Facilities
				  Licensing Section, for the district in which the facility is located or his
				  designee shall review the alleged violation and shall fix the amount, if any,
				  of the civil penalty to be imposed by the Department. The Department shall
				  serve the licensee personally or by registered or certified mail, within four
				  business days of the date of the issuance of the citation, with a written
				  notice of the amount, if any, of the proposed civil penalty. The person who
				  issued the citation shall not serve at any time as the designee of the district
				  administrator under any provision of this Article.
(d) Each citation shall be in writing and
				  shall include at least the following:
(1) A
				  description of the nature of the violation fully stating the manner in which
				  the licensee violated a specified statutory provision or regulation, and the
				  particular place or area of the facility in which it occurred. The name of any
				  client jeopardized by the violation shall not be specified in the citation in
				  order to protect the privacy of the client. However, at the time the licensee
				  is served with the citation, the licensee shall also be served with a written
				  list of each of the names of the clients alleged to have been jeopardized by
				  the violation. If the violation jeopardized all of the clients of the entire
				  facility or all clients in any particular portion, wing or ward of the
				  facility, such fact shall be specified in the citation, and a written list of
				  the names of the clients involved is not required to be furnished to the
				  licensee.
(2) The earliest feasible
				  time for the elimination of the condition constituting the violation. Such time
				  shall be the shortest possible time within which the licensee reasonably can be
				  expected to correct the alleged violation. In prescribing such time, the
				  Department shall consider the following factors:
(A) The seriousness of the alleged
				  violation.
(B) The number of
				  clients affected.
(C) The
				  availability of required equipment or personnel.
(D) The estimated time required for delivery,
				  and any installation, of required equipment.
(E) Any other relevant
				  circumstances.
(3) The
				  name, address and telephone number of the district administrator of the
				  district in which the facility is located.