California Licensing Standards for Day Care Centers

Section 101195
PENALTIES

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(a) A penalty of $25 per day shall be assessed for deficiencies, other than serious deficiencies, that are not corrected by the date specified in the notice of deficiency.

(b)A penalty of $50 per day shall be assessed for serious deficiencies that are not corrected by the date specified in the notice of deficiency.

(c) Notwithstanding (a) and (b) above, an immediate penalty of $150 per day shall be assessed if a child becomes sick, is injured or dies as a result of a deficiency.

(d) If a child care center is cited for a serious deficiency as defined in Section 101152s.(3) within a 12-month period, and then repeats the same violation within the same 12-month period, an immediate penalty of $150 shall be assessed for one day only upon the second occurrence of the violation. Thereafter, a penalty of $50 per day shall be assessed until the deficiency is corrected.

(e) If a child care center repeats a serious deficiency subject to the immediate penalty assessment specified in (d) above for a third time within the same 12-month period, the child care center shall be cited and assessed an immediate penalty of $150 for that day. Thereafter, a penalty of $150 per day shall be assessed until the deficiency is corrected.

(f) If any deficiency is not corrected by the date specified in the notice of deficiency, a penalty shall be assessed for each day following that date until compliance has been demonstrated.

(1) Immediate penalty assessment as specified in Sections 101195(c), (d) and (e), shall begin on the day the deficiency is cited.

(g) If a licensee or his/her representative reports to the Department that a deficiency has been corrected, penalty shall cease as of the day the Department receives either verbal or written notification that the correction was made.

(1) If the evaluator determines the deficiency was not corrected as reported, civil penalties shall continue to accrue from the date of the original citation.

(2) If it can be verified that the correction was made prior to the date of notification, the penalty shall cease as of that earlier date.

(h) If necessary, a site visit shall be made immediately or within five working days to confirm that the deficiency has been corrected.

(i) If an immediate civil penalty is assessed and the deficiency is corrected on the same day, the penalty shall still be assessed-for that day.

(j) All penalties are due and payable upon receipt of notice for payment, and shall be paid only by check or money order made payable to the Department as indicated in the notice.

(k) The Department has the authority to file a claim in a court of competent jurisdiction or to take other appropriate action for failure to pay penalties as specified in (j) above.

NOTE: Authority cited: Sections 1596.81 and 1596.99, Health and Safety Code. Reference: Sections 1596.81(b), 1596.98 and 1596.99, Health and Safety Code.

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