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 10543 - Investigation of Complaints Regarding Licensed Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
					 may request an inspection of an alcoholism or drug abuse recovery or treatment
					 facility by contacting the Department in person, by telephone or in writing, or by
					 any other automated or electronic means.
(b) The Department shall not disclose the identity
					 of the complainant unless authorized in writing by the complainant.
(c) 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.
(d) The complaint investigator may conduct a site
					 investigation of the facility, with or without advance notice, at any reasonable
					 time, upon presentation of proper identification, in order to determine compliance
					 with the provisions of Chapter 7.5 (commencing with Section
					 11834.01), Part 2, Division 10.5 of the
					 Health and Safety Code, and the requirements of this chapter.
(e) At the completion of the site investigation
					 the complaint investigator may conduct a face-to-face exit interview with the
					 licensee or his/her designee to discuss the progress of the investigation. If the
					 complaint investigator does not conduct a face-to-face exit interview, the complaint
					 investigator shall conduct a telephone interview with the licensee or his/her
					 designee as soon as possible upon conclusion of a site investigation and document in
					 the investigation report or notice of deficiency why he/she did not conduct a
					 face-to-face exit interview.
(f) The
					 complaint investigator may interview residents and/or facility staff in private, and
					 inspect relevant licensee records without the prior consent of the
					 licensee.
(g) The complaint investigator
					 shall notify the licensee orally or in writing when the complaint investigation is
					 complete. If notified orally, such notification shall be documented on the reverse
					 of the complaint form.
(h) If the
					 complaint investigation discloses deficiencies, the complaint investigator shall
					 prepare a written notice of deficiency, listing all deficiencies. The complaint
					 investigator shall provide a written notice of deficiency to the licensee or his/her
					 designee, in person before leaving the facility, or by certified mail. If mailed,
					 the notice of deficiency shall be postmarked within ten (10) working days of
					 completion of the complaint investigation, pursuant to subsection (g) of this
					 regulation. Completion of the complaint investigation is when all evidence has been
					 inspected and witnesses who are relevant to the allegations have been interviewed.
					 If any Class A deficiencies have been cited, before leaving the facility the
					 complaint investigator shall provide the written notice of deficiency to the
					 licensee or his/her designee.
(i) The
					 notice of deficiency shall specify:
(1) The
					 section number, title, and code of each statute or regulation which has been
					 violated;
(2) The manner in which the
					 licensee failed to comply with a specified statute or regulation, and the particular
					 place or area of the facility in which it occurred;
(3) The date by which each deficiency shall be
					 corrected; and
(4) The amount of civil
					 penalty to be assessed in accordance with Section
					 10547 and the date the Department shall
					 begin to assess the penalty, if the licensee fails to correct the noticed
					 deficiencies or comply by the date in the approved corrective action
					 plan.