California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 2 - Licensing Process › Article 6 - Enforcement › Section 10542 - Investigation of Complaints Regarding Unlicensed Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
					 unlicensed facility provides residential alcoholism or drug abuse recovery or
					 treatment services, the facility is operating in violation of Chapter 7.5
					 (commencing with Section
					 11834.30)
					 of Part 2 of Division 10.5 of the Health and Safety Code, and Chapter 5, Division 4,
					 Title 9, Section
					 10505 of the California Code of
					 Regulations.
(b) If an unlicensed
					 facility is alleged to be in violation of Chapter 7.5 (commencing with Section
					 11834.30) of Part 2 of Division 10.5 of
					 the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section
					 10505 of the California Code of
					 Regulations, the Department shall conduct an investigation.
(c) If the Department determines, as the result of
					 its investigation, that an unlicensed facility is operating in violation of Chapter
					 7.5 (commencing with Section
					 11834.30) of Part 2 of Division 10.5 of
					 the Health and Safety Code, and Chapter 5, Division 4, Title 9, Section
					 10505 of the California Code of
					 Regulations, the Department shall deliver to the facility, in person or by certified
					 mail, a notice which shall notify the operator of the facility that the facility is
					 operating without a license, in violation of Section
					 11834.30 of the Health and Safety Code
					 and Section 10505 of this chapter. If delivered in
					 person, the notice shall be delivered within ten (10) working days of the completion
					 of the investigation. If mailed by certified mail, the notice shall be postmarked
					 within ten (10) working days of the completion of the investigation. The completion
					 of the complaint investigation is when all evidence has been inspected and witnesses
					 who are relevant to the allegations have been interviewed.
(d) The Department shall not disclose the identity
					 of the complainant unless authorized in writing by the complainant.
(e) Within ten (10) working days of receipt of the
					 complaint, the Department shall initiate an investigation by assigning the complaint
					 to a Departmental complaint investigator.
(1) The
					 Department shall order the operator of the unlicensed facility to cease operation
					 immediately upon receipt of the notice. Upon receipt of the notice, the unlicensed
					 facility shall, within fifteen (15) days of receipt of the notice, respond in
					 writing that the facility has ceased providing all alcoholism or drug abuse recovery
					 or treatment services. The written response shall be postmarked no later than the
					 date specified in the notice.
(2) The
					 notice of operation in violation of law shall specify that the Department will take
					 action in accordance with Subsection (g) of this regulation if the unlicensed
					 facility fails to cease operation immediately upon receipt of the notice and fails
					 to notify the Department of such cessation within fifteen (15) days of the receipt
					 of the notice.