reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 10 - Audits › Section 775 - Audits of Records in a Shared Gang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least three times per calendar year, the
				  System Administrator shall conduct audits on a sample of randomly selected records.
				  Any record or criterion found to be out of compliance with Article 5 or 9 shall be
				  purged within 30 calendar days of completion of the audit unless the record or
				  criterion was entered prior to the effective date of these regulations and were in
				  compliance with entry requirements at the time of entry.
(b) Audits of records created prior to the
				  effective date of these regulations shall ensure that:
(1) Each record has a minimum of two criteria that
				  are adequately supported by source documents.
(2) The scheduled purge date is not more than five
				  years from the date of the satisfaction of the most recent criterion, unless the
				  retention period was reset pursuant to section
				  773.8 or
				  774.
(A) If the retention period has been reset
				  pursuant to section
				  773.8 or
				  774 after the effective date of these
				  regulations, the record shall be audited using the requirements set forth in
				  subdivision (c).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 10 - Audits › Section 775.2 - Audits of Designated Criminal Street Gangs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least once every three years from the date
				  a criminal street gang was designated in a shared gang database or from the last
				  time an audit was conducted by the Department, the System Administrator, or a User
				  Agency, System Administrators shall complete an audit of that criminal street gang.
				  Within 30 calendar days of completion of the audit, the System Administrator shall
				  report to the Department the results of each audit and the date each designated
				  criminal street gang was audited.
(b)
				  Audits of a designated criminal street gang shall ensure that:
(1) Reasonable suspicion was present at the time
				  of the criminal street gang's initial designation if the criminal street gang was
				  designated in the shared gang database on or after the effective date of these
				  regulations.
(2) The organization
				  satisfies the requirements to be designated as a criminal street gang as set forth
				  in section 772.4 if the criminal street gang was
				  designated in the shared gang database on or after the effective date of these
				  regulations.
(3) Sufficient reasonable
				  suspicion exists for the criminal street gang to continue being designated as such
				  in the shared gang database.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 10 - Audits › Section 775.4 - The Department's Authority to Audit User Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may audit any record of each User Agency pursuant
					 to Penal Code section
					 186.36 to ensure the
					 accuracy, reliability, and proper use of shared gang databases. Each User Agency
					 shall provide all information and documents requested by the Department. A User
					 Agency shall grant the Department access to its facilities to inspect and audit any
					 record.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 10 - Audits › Section 775.5 - Written Attestation by a User Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Attestation Required by the Department. In connection with, or in lieu of, auditing
				  the records or criminal street gang designations of a particular User Agency, the
				  Department may require the User Agency to review any or all of its entries in a
				  shared gang database and provide a written attestation by the head of the User
				  Agency. For entries made prior to the effective date of these regulations, the
				  written attestation shall state that the entries are supported by reasonable
				  suspicion as required by Part 23 of Title 28 of the Code of Federal Regulations. For
				  entries made after the effective date of these regulations, the written attestation
				  shall state that the entries comply with these regulations. The User Agency shall
				  provide to the Department the written attestation required by this section upon
				  request of the Department and within the time period set by the
				  Department.
(b) Annual Attestation.
				  Prior to October 15 of each calendar year, User Agencies shall provide to the
				  Department a written attestation from the head of the User Agency that its entries
				  in the shared gang database made during the prior 12-month period comply with these
				  regulations.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 11 - Information Sharing and Disclosures › Section 775.6 - Information Sharing and Disclosures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Release of criminal intelligence information in a shared gang database is on a right
				  to know and need to know basis only. Nothing in this subdivision limits the sharing
				  of information in a shared gang database if permitted by section
				  773 or
				  773.4, or Penal Code section
				  186.34 or
				  186.35.
(b) Records shall not be attached to or referenced
				  in any report.
(c) Users are not
				  prohibited or restricted from sending to, or receiving from, federal immigration
				  authorities information regarding the citizenship or immigration status, lawful or
				  unlawful, of a person or from requesting from federal immigration authorities
				  information regarding a person's immigration status, maintaining such information,
				  or exchanging such information with any other federal, state, or local government
				  entity, pursuant to sections
				  1373 and
				  1644 of title 8 of the United States
				  Code.
(d) All requests for statistics
				  shall be submitted in writing to the System Administrator and may be released with
				  the approval of the System Administrator.
1. New article 11
					 (sections 775.6-775.8) and section filed
					 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Sections
						186.34,
						186.35 and
						186.36, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 11 - Information Sharing and Disclosures › Section 775.8 - Sharing Information Through Printing and Other Mediums

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Printing privileges may be granted at the
				  discretion of each System Administrator. Users shall demonstrate a compelling need
				  to export or print database information before print privileges are extended. For
				  example, a User who wants to generate a photo lineup to display to a victim or
				  witness during an active criminal investigation has demonstrated a compelling
				  need.
(b) System Administrators shall
				  report all Users with printing privileges to the Department in writing upon any User
				  being granted printing privileges.
(c)
				  Each User Agency shall ensure that any printed copies of intelligence and
				  investigation information are afforded security to prevent unauthorized access to or
				  use of the data.
(d) Printed documents
				  that are no longer needed shall be destroyed in a manner consistent with the
				  Agency's confidential destruction process.
(e) A User is prohibited from using any other tool
				  including, but not limited to: taking photographs, screenshots, or using computer or
				  cellular phone applications that would enable a User to copy database
				  information.
(f) If this section is
				  violated, the Department shall take action pursuant to section
				  776.6.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Sections
						186.34,
						186.35 and
						186.36, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 12 - Equipment Security and Inspection and the Reporting of Missing Equipment › Section 776 - Equipment Security and Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Measures shall be taken to place terminals and equipment that transmit or receive
				  shared gang database information and any printouts of shared gang database
				  information in an area with physical security that will provide protection from
				  theft, damage, vandalism, or sabotage, and preclude access to and viewing of
				  confidential information by unauthorized persons.
(b) The System Administrator shall inspect
				  equipment to ensure that it is in compliance with subdivision (a).
(c) The Department may inspect equipment to ensure
				  that it is in compliance with subdivision (a). A User Agency shall grant the
				  Department access to the User Agency's facilities for this purpose.
1. New article 12
					 (sections 776-776.2) and section filed
					 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 12 - Equipment Security and Inspection and the Reporting of Missing Equipment › Section 776.2 - Notifying the System Administrator of Missing Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A User Agency shall notify its System
				  Administrator in writing, within one calendar day, of any missing equipment that
				  could potentially compromise the confidentiality and security of the shared gang
				  database.
(b) The System Administrator
				  shall notify the Department, within one calendar day, upon discovery of any missing
				  equipment that could potentially compromise the confidentiality and security of the
				  shared gang database.
1. New section
					 filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 43). Transmission deadline specified in Government Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
					 calendar days pursuant to Executive Order N-66-20.
Note: Authority cited: Section
						186.36, Penal Code.
						Reference: Section
						186.36, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 13 - System Misuse and Enforcement of these Regulations › Section 776.4 - System Misuse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information
				  on a person or organization shall be excluded from a shared gang database if the
				  information is collected merely on the basis:
(1)
				  Of race, gender, age, or ethnic background.
(2) Of religious or political affiliations or
				  beliefs.
(3) Of personal habits or
				  predilections that do not violate any criminal law or threaten the safety of
				  others.
(4) Of involvement in expressive
				  activity that takes the form of non-violent civil disobedience that amounts, at
				  most, to a misdemeanor offense.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 13 - System Misuse and Enforcement of these Regulations › Section 776.6 - Enforcement of these Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department is responsible for overseeing system discipline and conformity with these
				  regulations. If a User or User Agency violates any law governing shared gang
				  databases, including these regulations, the Department shall take, or instruct the
				  System Administrator to take, one or more of the corrective actions set forth in
				  subdivision (a)(1), and may take, or instruct the System Administrator to take, any
				  or all of the additional actions set forth in subdivision (a)(2).
(1) Corrective actions:
(A) Notify a supervisor and/or the head of a User
				  Agency.
(B) Suspend access to the shared
				  gang database pending retraining and/or passing a recertification exam.
(C) Subject the User Agency to a moratorium
				  pending a review by the Department and/or System Administrator that ensures the
				  issue has been adequately addressed.
(D)
				  Conduct additional audits.
(E) Suspend
				  or revoke the access of a User Agency to a shared gang database if a User or Users
				  of the User Agency are found to be misusing the shared gang database or data
				  contained therein on multiple occasions.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 1 - Controlled Chemical Substance Permitting › Section 800 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this chapter the following definitions
					 apply:
(a) "Controlled Chemical Substance"
				  means any one of the chemical substances listed under Health and Safety Code Section
				  11100(a).
(b) "Controlled Chemical Substance Permit" means a
				  permit issued by this Department to conduct business using controlled chemical
				  substances as defined under Health and Safety Code Section
				  11100(a).
(c) "Applicant" means anyone who manufactures,
				  sells, transfers, furnishes or obtains from outside of the state or who is the duly
				  authorized agent of anyone who manufacturers, sells, transfers, furnishes or obtains
				  from outside of the state, any substance as listed under Health and Safety Code
				  Section
				  11100(a)
				  and applies for a Controlled Chemical Substance Permit.
(d) "Manufacturer, retailer or wholesaler" means
				  anyone who owns, or who represents the owner of, an operation or business enterprise
				  dealing in the manufacture, sale, transfer, furnishing, or obtaining from outside of
				  the state of any substance as listed in Health and Safety Code Section
				  11100(a).
(e) "Duly authorized federal or state official"
				  means the chief of a law enforcement agency or a designated subordinate.
(f) "Department" means the California Department
				  of Justice.
(g) "Duly authorized agent"
				  or "representative" means anyone who is responsible for the disbursement and/or
				  custody of controlled chemical substances listed in Health and Safety Code Section
				  11100(a).
1. New section
					 filed 5-13-88; operative 6-12-88 (Register 88, No. 21). For prior history, see
					 Register 85, No. 26.
2. New subsection (f) filed 2-21-92; operative
					 3-23-92 (Register 92, No. 12).
3. Amendment of article heading, section
					 and NOTE filed 8-28-2006; operative 9-27-2006 (Register 2006, No.
					 35).
Note: Authority cited: Section
						11102,
						Health and Safety Code. Reference: Sections
						11100
						and
						11106,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 1 - Controlled Chemical Substance Permitting › Section 802 - Annual Renewal; Permit Issuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Controlled Chemical Substance Permit must
				  be renewed on an annual basis. The Department will provide current permittees with
				  renewal applications at least sixty days prior to the expiration of the permittees'
				  current Controlled Chemical Substance Permit. This renewal application will require
				  the permittee(s) to complete a Bureau of Narcotic Enforcement form BNE 010 (Rev 
				  06/06 ) Application
				  for Controlled Chemical Substance Permit (which is incorporated by reference).
				  However, if there is no change from the previous application, a copy of that
				  application with a declaration under penalty of perjury may be accepted as a renewal
				  application. The renewal application will be accompanied by one set of 10-print
				  fingerprint cards or live scan for anyone not previously fingerprinted. The
				  permittee(s) must submit the provided renewal application, which must be received by
				  the Department on or before the expiration date of the current Controlled Chemical
				  Substance Permit. The current permit renewal fee shall consist of a non-refundable
				  fee of $500 for the cost of processing the renewal application and the current
				  Department of Justice fingerprint processing fee for each set of ten-print
				  fingerprint cards/scans submitted with the application.
(b) Permittees submitting a renewal application
				  received by the Department on or before the date of expiration will be permitted to
				  continue their operations under the authority of the previously issued permit.
				  Failure to meet this deadline will cause the permit to expire and the permit
				  application process will have to be started anew by the permittee(s).
1. New section
					 filed 5-13-88; operative 6-12-88 (Register 88, No. 21). For prior history, see
					 Register 85, No. 26.
2. Amendment filed 2-21-92; operative 3-23-92
					 (Register 92, No. 12).
3. Amendment of section and NOTE filed 8-28-2006;
					 operative 9-27-2006 (Register 2006, No. 35).
Note: Authority cited: Section
						11102,
						Health and Safety Code. Reference: Section
						11106,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 1 - Controlled Chemical Substance Permitting › Section 803 - Permittee Information Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any information submitted in the original application or
					 subsequent renewal application changes, or in the event of any change in ownership,
					 management, or employment from the original or renewal application, the permittee
					 shall notify the Department in writing within 15 calendar days and shall submit a
					 personal history statement (part II of the application) and one set of 10-print
					 fingerprint cards or live scan for each added individual having management or
					 control of any controlled chemical substance listed under Health and Safety Code
					 section
					 11100(a).
					 If any change of employment results in an employee not previously fingerprinted
					 having direct access to any controlled chemical substance, that employee must submit
					 one set of 10-print fingerprint cards or live scan.
1. New section
					 filed 8-28-2006; operative 9-27-2006 (Register 2006, No. 35). For prior history, see
					 Register 85, No. 26.
Note: Authority cited: Section
						11102,
						Health and Safety Code. Reference: Section
						11106,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 1 - Controlled Chemical Substance Permitting › Section 804 - Permit Denial, Suspension or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A permit shall be denied upon application, and
				  a permit may be suspended or revoked, if the applicant or permittee or their agents,
				  representatives, or employees have committed any acts or failures set forth in
				  Health and Safety Code Section
				  11106(d)
				  or any of the following:
(1) obtained a permit by
				  fraud, misrepresentation, concealment, or through inadvertence or mistake.
(2) made a misrepresentation of, or failed to
				  disclose, a material fact to the Department, or any duly authorized federal or state
				  official.
(3) failed to comply with the
				  processes and/or reporting requirements set forth by Article 1, Chapter 3 of the
				  Health and Safety Code (Section
				  11100 et
				  seq).
(4) failed to take reasonable
				  steps to prevent any dishonest act(s) or illegal activity substantially related to
				  the qualifications, functions, or duties of a permit holder from occurring on the
				  premises used in the manufacture, sale or transfer of controlled chemical
				  substances.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 1 - Controlled Chemical Substance Permitting › Section 805 - Permit Holder Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any act by any employee or other individual on behalf of the
					 permitted individual or company which constitutes a violation of Chapter 3 of
					 Division 10 of the Health and Safety Code shall constitute grounds for revocation or
					 denial of the permit.
1. New section
					 filed 5-13-88; operative 6-12-88 (Register 88, No. 21).
2. Amendment
					 filed 2-21-92; operative 3-23-92 (Register 92, No.
					 12).
Note: Authority cited: Section
						11102,
						Health and Safety Code. Reference: Section
						11106(c), (e) and
						(f), Health and Safety
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 1 - Controlled Chemical Substance Permitting › Section 806 - Permit Denial, Suspension or Revocation Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All hearings related to Controlled Chemical Substance Permit
					 denial, suspension, or revocation 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.
1. New section
					 filed 5-13-88; operative 6-12-88 (Register 88, No. 1).
2. Amendment filed
					 2-21-92; operative 3-23-92 (Register 92, No. 12).
3. Amendment filed
					 8-28-2006; operative 9-27-2006 (Register 2006, No.
					 35).
Note: Authority cited: Section
						11102,
						Health and Safety Code. Reference: Section
						11106,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 1 - Controlled Chemical Substance Permitting › Section 807 - Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 days
				  after the date of receipt of an application, the Department shall either inform the
				  applicant, in writing, that the application is complete and accepted for filing, or
				  return the application as deficient and specify what information is required. Within
				  180 days from the date of the receipt of a completed application, the Department
				  shall reach a permit decision unless time is waived by the applicant.
(b) Processing time for Controlled Chemical
				  Substance Permits to be issued by the Department is established with a minimum of 90
				  days and a maximum of 180 days.
1. New section
					 filed 2-21-92; operative 3-23-92 (Register 92, No. 12).
2. Amendment of
					 subsection (b) and NOTE filed 8-28-2006; operative 9-27-2006 (Register 2006, No.
					 35).
Note: Authority cited: Section
						11102,
						Health and Safety Code. Reference: Section
						11106,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 1 - Controlled Chemical Substance Permitting › Section 808 - Permit Registration; Proof Thereof. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 5-13-88; operative 6-12-88 (Register 88, No. 21).
2. Repealer filed
					 2-21-92; operative 3-23-92 (Register 92, No. 12).
Note: Authority cited: Section
						11102,
						Health and Safety Code. Reference: Section
						11106,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 2 - Controlled Chemical Substance Program Citations › Section 810 - Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Program Manager
				  of the Controlled Chemical Substance Program of the Bureau of Narcotic Enforcement
				  of the Department may issue a citation to any permittee holding a Controlled
				  Chemical Substance Permit for a minor violation of a provision of law or a
				  regulation enforced by the Department's program.
(b) The issuance or non-issuance of a citation
				  does not preclude the Department from filing a disciplinary action to revoke or
				  suspend a permit.
1. New article 2
					 (sections 810-810.7) and section filed 8-28-2006;
					 operative 9-27-2006 (Register 2006, No. 35).
Note: Authority cited: Sections
						11102
						and
						11106.7,
						Health and Safety Code. Reference: Section
						11106.7,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 2 - Controlled Chemical Substance Program Citations › Section 810.1 - Citation Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each citation:
(a)
				  shall be in writing;
(b) shall describe
				  with particularity the nature of the violation, including specific reference to the
				  provision of law or specific regulation determined to have been violated;
(c) may contain an administrative fine, an order
				  of abatement affixing a reasonable period of time for abatement of the violation, or
				  both an administrative fine and an order of abatement;
(d) shall inform the cited person that if they
				  desire a hearing to contest the finding of a violation, that hearing shall be
				  requested by written notice to the Department within 30 days of the issuance of the
				  citation.
1. New section
					 filed 8-28-2006; operative 9-27-2006 (Register 2006, No. 35).
2. Change
					 without regulatory effect amending subsection (d) filed 12-6-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						11102
						and
						11106.7,
						Health and Safety Code. Reference: Section
						11106.7,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 2 - Controlled Chemical Substance Program Citations › Section 810.2 - Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  order of abatement may include an order to correct a deficiency; to require the
				  introduction of, or compliance with, an approved procedure or action; or to cease
				  and desist from a specific action.
(b)
				  The abatement order shall contain a reasonable time in which the cited permittee
				  must comply.
(c) The abatement order may
				  be modified with the approval of the Program Manager if the alternative compliance
				  appears to be a reasonable solution to the correction of the violation.
1. New section
					 filed 8-28-2006; operative 9-27-2006 (Register 2006, No.
					 35).
Note: Authority cited: Sections
						11102
						and
						11106.7,
						Health and Safety Code. Reference: Section
						11106.7,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 2 - Controlled Chemical Substance Program Citations › Section 810.3 - Administrative Fine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The fine for an
				  initial violation shall be a maximum of $1,000 per individual violation.
(b) The fine for a subsequent violation shall be a
				  maximum of $2,500 per individual violation.
(c) A third violation may result in the filing of
				  an administrative disciplinary action seeking to suspend or revoke the
				  permit.
1. New section
					 filed 8-28-2006; operative 9-27-2006 (Register 2006, No.
					 35).
Note: Authority cited: Sections
						11102
						and
						11106.7,
						Health and Safety Code. Reference: Section
						11106.7,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 2 - Controlled Chemical Substance Program Citations › Section 810.4 - Administrative Fine Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In assessing the administrative fine, the Program Manager shall
					 consider the following factors at minimum:
(a) The nature and severity of the
				  violation.
(b) History of violations of
				  the same or similar nature.
(c) The good
				  or bad faith exhibited by the cited permittee.
(d) Evidence that the violation was
				  willful.
(e) The extent to which the
				  cited permittee has cooperated with the Department.
1. New section
					 filed 8-28-2006; operative 9-27-2006 (Register 2006, No.
					 35).
Note: Authority cited: Sections
						11102
						and
						11106.7,
						Health and Safety Code. Reference: Section
						11106.7,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 2 - Controlled Chemical Substance Program Citations › Section 810.5 - Citation Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A citation
				  shall be served either personally or by certified mail, return receipt requested, to
				  the permittee's address. Upon the date of personal service or upon the date of
				  receipt of certified mail, the citation shall be considered to have been issued and
				  service shall be considered to be complete.
(b) The time to comply with the citation shall
				  commence upon service.
1. New section
					 filed 8-28-2006; operative 9-27-2006 (Register 2006, No.
					 35).
Note: Authority cited: Sections
						11102
						and
						11106.7,
						Health and Safety Code. Reference: Section
						11106.7,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 2 - Controlled Chemical Substance Program Citations › Section 810.6 - Contest of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A cited
				  permittee who desires a hearing to contest the finding of the violation or the order
				  of abatement or fine assessment may request the hearing by written notice to the
				  Department within 30 days of the date of issuance of the citation or assessment.
				  This hearing will be conducted in accordance with Chapter 5 (commencing with section
				  11500) of Part 1 of Division 3 of Title
				  2 of the Government Code.
(b) In
				  addition to requesting a hearing, the permittee cited may, within ten days after
				  service of the citation, notify the Program Manager in writing of their request for
				  an informal conference with the Program Manager regarding the acts charged in the
				  citation. The time allowed for the request shall begin the first day after the
				  citation has been served.
(c) The
				  Program Manager shall, within 30 days from receipt of a request for an informal
				  conference, hold an informal conference with the permittee cited and with or without
				  the permittee's legal counsel or authorized representative. At the conclusion of the
				  informal conference, the Program Manager may affirm, modify, or dismiss the
				  citation, including any administrative fine levied or order of abatement issued. The
				  Program Manager shall state in writing the reasons for their action and serve or
				  mail a copy of their findings and decision to the permittee cited within ten days
				  from the date of the informal conference. The decision shall be deemed to be a final
				  order with regard to the citation issued, including the administrative fine levied
				  and the order of abatement.
(d) The
				  permittee cited does not waive their request for a hearing to contest a citation by
				  requesting an informal conference after which the citation is affirmed by the
				  Program Manager. If the citation is dismissed after the informal conference, the
				  request for a hearing on the matter of the citation shall be deemed to be withdrawn.
				  If the citation, including any administrative fine levied or order of abatement, is
				  modified, the originally issued citation shall be considered withdrawn and a new
				  citation issued. If a hearing is requested for the subsequent citation, it shall be
				  requested within 30 days in accordance with subsection (a).
1. New section
					 filed 8-28-2006; operative 9-27-2006 (Register 2006, No. 35).
2. Change
					 without regulatory effect amending section filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						11102
						and
						11106.7,
						Health and Safety Code. Reference: Section
						11106.7,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8 - Controlled Substances › Article 2 - Controlled Chemical Substance Program Citations › Section 810.7 - Failure to Comply with Citation Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The time allowed for abatement of a violation
				  shall begin the first day after the order of abatement has been served. If a cited
				  permittee who has been issued an order of abatement is unable to complete the
				  abatement within the time set forth in the citation because of conditions beyond
				  their control after the exercise of reasonable diligence, the permittee cited may
				  request an extension of time from the Program Manager in which to complete the
				  abatement. Such a request shall be in writing and shall be made within the time set
				  forth for abatement.
(b) The time
				  allowed for the payment of the administrative fine shall be 30 days from the receipt
				  of service of the citation, unless a longer period of time is authorized by the
				  Program Manager.
(c) When an order of
				  abatement or administrative fine is not contested or if the order is appealed and
				  the permittee cited does not prevail, failure to abate the violation charged within
				  the time specified in the citation or failure to pay an administrative fine within
				  the required time shall constitute grounds for disciplinary action.
1. New section
					 filed 8-28-2006; operative 9-27-2006 (Register 2006, No. 35).
2. Change
					 without regulatory effect amending subsection (a) filed 12-6-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						11102
						and
						11106.7,
						Health and Safety Code. Reference: Section
						11106.7,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 1 - Chapter Definitions › Section 820 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Abuse"
				  means any use of an Applicable Controlled Substance that is not authorized in its
				  manner of use, purpose, quantity, or user.
(b) "Aggregated Data" means data that does not
				  include PII and is presented in summary counts, mitigating privacy risks and
				  attempts at re-identification.
(c)
				  "Animal Patient Entity" means a unique animal patient profile created from
				  dispensation records reported to CURES PDMP for each distinct combination of animal
				  name, animal owner first name, animal owner last name, animal owner date of birth,
				  animal owner gender, and animal owner address, and with which any subsequently
				  reported dispensations that match the same combination of animal patient data are
				  linked. A single animal patient may be associated with multiple Animal Patient
				  Entities due to variations in reported animal name, animal owner first name, animal
				  owner last name, animal owner date of birth, and animal owner address.
(d) "Annual Renewal" means the annual process by
				  which a User updates all applicable information contained within that User's CURES
				  profile.
(e) "Applicable Controlled
				  Substance" means a drug, substance, or immediate precursor that is listed in Health
				  and Safety Code section
				  11055,
				  11056,
				  11057,
				  or
				  11058.
(f) "Applicant Type" means the type of account for
				  which an applicant is applying for access to CURES, including only the following
				  types: Prescriber, Out-of-State Prescriber, Non-DEA Practitioner, Pharmacist,
				  Out-of-State Pharmacist, or Delegate.
(g) "Authorizing User" means a Prescriber-User,
				  Non-DEA Practitioner-User, or Pharmacist-User who delegates authority to a Delegate
				  to access data in CURES on behalf of that Prescriber-User, Non-DEA
				  Practitioner-User, or Pharmacist-User.
(h) "Authorized Health Care Provider" means an
				  individual who qualifies as a covered health care provider as defined in 45 Code of
				  Federal Regulations part 162.103 (10-1-20 Edition), incorporated by reference in
				  this chapter.
(i) "Bona Fide Research"
				  means research that is characterized by all of the following qualities:
(1) The identification, evaluation, or resolution
				  of a problem in a research field.
(2)
				  The intention to contribute to the knowledge of a research field.
(3) The utilization of scientific methods and
				  research methodologies.
(4) The
				  reasonable expectation that the final research product may support publication in a
				  peer-reviewed journal, program evaluation and quality improvement, public health
				  surveillance, or policy development.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2 - Access and Use [Renumbered] › Section 821 - Prescribers and Out-of-State Prescribers. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article 2
					 (sections 821-828) and section filed 5-14-2020;
					 operative 7-1-2020 (Register 2020, No. 20).
2. Change without regulatory
					 effect renumbering article 2 (sections
					 821-828) to new articles 2.1-5
					 (sections 821.1-828.3) and renumbering former
					 section 821 to new sections
					 821.1-821.7 filed 2-2-2021 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11030,
						11165,
						11165.1,
						11165.3,
						11165.4,
						11165.6
						and
						11190,
						Health and Safety Code; and Section
						209,
						Business and Professions Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.1 - Access and Use by Prescribers and Out-of-State Prescribers › Section 821.1 - Eligibility for Access to CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Prescriber who possesses a valid DEA Registration Certificate for a practice
				  location in California must register for access to CURES.
(b) A Prescriber who possesses a valid DEA
				  Registration Certificate for a practice location only in a state or states other
				  than California may register for access to CURES if the Prescriber's Licensing Board
				  expressly permits or requires that the Prescriber register for access to
				  CURES.
(c) An Out-of-State Prescriber
				  who possesses a valid DEA Registration Certificate for a practice location only in a
				  state or states other than California may register for access to CURES.
(d) If an individual who is registered for access
				  to CURES as a Prescriber is no longer eligible for access to CURES under this
				  section, the individual must not access CURES.
(e) If an individual who is registered for access
				  to CURES as an Out-of-State Prescriber is no longer eligible for access to CURES
				  under this section, the individual must not access CURES, and the individual must
				  immediately notify CURES PDMP in writing.
1. Change without
					 regulatory effect renumbering and amending former article 2 heading to new article
					 2.1 (sections 821.1-821.7) and renumbering former
					 section 821, subsections (a)-(a)(3) to new
					 section 821.1, including amendment of section
					 heading and section, filed 2-2-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 6).
2. New subsections (d)-(e) filed
					 8-15-2022; operative 8-15-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 33).
Note: Authority cited: Section
						11165,
						Health and Safety Code. Reference: Sections
						11030,
						11165,
						11165.1,
						11165.3,
						11165.4,
						11165.6
						and
						11190,
						Health and Safety Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.1 - Access and Use by Prescribers and Out-of-State Prescribers › Section 821.2 - Procedures to Register for Access to CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Prescriber Registration Application," when
				  used in this section, means the Web-form application developed by the Department,
				  under Health and Safety Code section
				  11165.1,
				  subdivision (a)(1)(A)(i), for a Prescriber or Out-of-State Prescriber to obtain
				  approval to electronically access CURES.
(b) An applicant must electronically submit the
				  Prescriber Registration Application, located on the CURES Web page of the
				  Department's Web site.
(c) To complete
				  the Prescriber Registration Application, the applicant must:
(1) If registering for the first time, provide all
				  of the following information to establish an account with the Department:
(A) First name at birth.
(B) Last name at birth.
(C) Mother's maiden name.
(D) City of birth.
(E) Date of birth.
(F) Email address.
(G) Email verification code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.1 - Access and Use by Prescribers and Out-of-State Prescribers › Section 821.3 - Data Accessible to Prescriber-Users in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the restrictions of section
				  821.4, a Prescriber-User may obtain all
				  of the following:
(1) A Patient Activity Report.
(A) A Patient Activity Report generated by a
				  Prescriber-User who is a veterinarian will only display reported dispensations for
				  Animal Patient Entities.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 8.5 - Controlled Substance Utilization Review and Evaluation System (Cures) › Article 2.1 - Access and Use by Prescribers and Out-of-State Prescribers › Section 821.4 - Restrictions on Accessing Data in CURES

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Prescriber-User must only access data in
				  CURES for one or more of the following authorized purposes:
(1) To obtain the Controlled Substance history of
				  a patient Under the Care of the Prescriber-User.
(A) If the patient is Under the Care of the
				  Prescriber-User within the meaning of section
				  820, subdivision (eeee)(1)(B), but the
				  patient does not have an ongoing provider-patient relationship with the
				  Prescriber-User, the Prescriber-User must not access the patient's data in CURES
				  earlier than seven days before the appointment for a professional medical
				  consultation with the Prescriber-User.